[R.O. 2009 § 415.010; Ord. No. 782 § 1 (Sub. Regs. §§ 1
– 2), 7-31-1980]
A.
Rules. For the purpose of these subdivision
regulations, the following rules shall apply:
1.
Words and numbers used singularly
shall include the plural and the plural shall be singular. Words used
in the present tense shall include the future.
2.
The word "persons" includes a corporation,
members of a partnership or other business organization, a committee,
board, trustee, receiver, agent or other representative.
3.
The word "shall" is mandatory.
4.
The words "use," "used," "occupy"
or "occupied" as applied to any land or building shall be construed
to include the words "intended," "arranged" or "designed" to be used
or occupied.
B.
ALLEY
BLOCK
CUL-DE-SAC
DESIGN
DOUBLE FRONTAGE LOT
EASEMENT
ENGINEER
FINAL PLAT
GOVERNING BODY
IMPROVEMENTS
LOT
MAJOR THOROUGHFARE
MARGINAL ACCESS STREETS OR FRONTAGE ROADS
PEDESTRIAN WAY
PLANNING AREA
PLANNING COMMISSION
PRELIMINARY PLAT
SECRETARY
SETBACK LINE OR BUILDING LINE
STREET (GENERALLY)
STREET, COLLECTOR
STREET, LOCAL
STREET, MAJOR ARTERIAL
STREET, MINOR ARTERIAL
SUBDIVIDER
SUBDIVISION
Definitions. Definitions for the interpretation
of these rules and regulations are as follows:
A public or private right-of-way which affords only a secondary
means of access to abutting property.
[1]A piece or parcel of land entirely surrounded by public highways,
streets, streams, railroad rights-of-way or parks, etc., or a combination
thereof.
[2]A street having one (1) end open to traffic and being permanently
terminated by a vehicular turnaround.
The location of streets, alignment of streets, grades and
widths of streets, alignment of easement, grades and widths of easements,
alignment and rights-of-way for drainage and sanitary sewers and the
designation minimum lot area, width and length.
A lot where the front and rear yards abut separate streets.
A grant by the property owner to the public, a corporation
or persons of the use of a strip of land for specific purposes.
Either the City or County Engineer depending upon the area
of government jurisdiction.
A plan or map prepared in accordance with the provisions
of this regulation and those of any other applicable local regulation,
which plat is prepared to be placed on record in the office of the
Register of Deeds of the County in which any part of the subdivision
is located.
The elected Governing Body having jurisdiction.
Streets work and utilities that are to be installed or agreed
to be installed by the subdivider on the land to be used for public
or private use of the lot owners in the subdivision and local neighborhood
traffic and drainage needs, as a condition precedent to the approval
and acceptance of the final map or filing of the record of the survey
map thereof.
[3]A portion of land in a subdivision or other parcel of land
intended as a unit for transfer of ownership or for development.
A street, highway or roadway designated as such on the official
major street plan.
A minor street which is generally parallel to or adjacent
to the major thoroughfare, highway or railroad right-of-way and provided
access to abutting properties.
A right-of-way dedicated to the public use, which cuts across
a block to facilitate pedestrian access to adjacent streets and properties.
That area on a map prepared and maintained for or by the
Planning Commission describing the planning area limits.
The Planning Commission having jurisdiction.
A map made showing the design of a proposed subdivision and
the existing conditions in and around it; this map need not be based
on accurate or a detailed final survey of the property.
Secretary of the Planning Commission.
A line on a plat generally parallel to the street right-of-way,
indicating the limit beyond which buildings or structures may not
be erected or altered, except as otherwise provided in the zoning
regulations.
A right-of-way, dedicated to the public use, which provides
principal vehicular and pedestrian access to adjacent properties.
[Ord. No. 3645, 1-26-2021]
A street which collects and distributes traffic between arterial
streets and local streets and is primarily intended to proved for
low- to moderate-volume, low-speed, and short-length trips while also
providing access to abutting properties.
[Ord. No. 3645, 1-26-2021]
A street primarily providing direct access to abutting properties
and designed to accommodate low-volume, low-speed traffic.
[Ord. No. 3645, 1-26-2021]
A street intended to provide for high-volume, moderate-speed
traffic movement through the community and between major activity
centers. Access to abutting property is subordinate to the flow of
traffic, and entrances and exits to the arterial are subject to control.
[Ord. No. 3645, 1-26-2021]
A street primarily intended to collect and distribute traffic
between major arterial streets and collector streets and/or to provide
traffic relief to major arterial streets by use of parallel or similar
route. Intended for low- to moderate-volume, low-speed and short-length
trips while also providing access to abutting properties.
[Ord. No. 3645, 1-26-2021]
A person, firm, corporation, partnership or association who
causes land to be divided into a subdivision for himself/herself or
for others.
The division of a tract of land into two (2) or more lots
or parcels for the purpose of transfer of ownership or building development.
[1]
Editor's Note: The former definition of "arterial street," hich immediately followed this definition, was repealed by Ord. No. 3645, 1-26-2021.
[2]
Editor's Note: The former definition of "collector street," which immediately followed this definition, was repealed by Ord. No. 3645, 1-26-2021.
[3]
Editor's Note: The former definition of "local street," which
immediately followed this definition, was repealed by Ord. No. 3645,
1-26-2021.
[R.O. 2009 § 415.020; Ord. No. 782 § 1 (Sub. Regs Art. 1 §§ 1
– 5), 7-31-1980]
A.
Jurisdiction. All plans, plats or replats
of land laid out in building lots, hereafter made for each subdivision
or each part thereof lying within the City, shall be prepared, presented
and recorded as herein described.
B.
Purpose And Intent. The purpose and intent
of these regulations is to provide for the harmonious development
of the community; to provide for the proper location and width of
streets, building lines, open spaces, safety and recreational facilities,
utilities, drainage and for the avoidance of congestion of population
through requirements of minimum lot width, depth and area and the
compatibility of design; to require and fix the extent to which and
the manner in which streets shall be graded and improved and water,
sewers, drainage and other utility mains and piping or connections
or other physical improvements shall be installed and to provide for
and secure to the proper Governing Body the actual construction of
such physical improvements.
C.
Applicability. The owner or owners of any
land located within the jurisdiction of these regulations including
a single lot or subdividing said land into two (2) or more lots (including
lot splits) and blocks or tracts or parcels for the purpose of development
or laying out any subdivision, suburban lots, building lots, tracts
or parcels or any owner of any land establishing any street, alley,
part or other property intended for public use or for the use of purchasers
or owners of lots, tracts or parcels of land fronting thereon or adjacent
thereto shall cause a plat to be made in accordance with these regulations.
D.
Submittals And Approvals Necessary For
Acceptance Of Subdivision Plats. All plans, plats or replats of land
laid out in building lots and the streets, alleys or other portions
of the same intended to be dedicated for public use or for the use
of purchasers or owners of the lots fronting thereon or adjacent thereto
shall be submitted to the Planning Commission for its consideration
and its recommendation shall be submitted to the Governing Body for
their official consideration and action. Expenses incurred by the
City for required reviews, inspections and/or related testing shall
be reimbursed to the City, by the developer, for all costs incurred
by it in performing such review, inspection and/or testing, including
all professional fees incurred as a result thereof. To insure payment
or reimbursement of such costs, fees and expenses, all developers
and such other persons or entities associated with developers, as
the Planning and Zoning Department deems appropriate, shall execute
a promissory note, payable to the order of the City on demand, in
such amount as is anticipated to cover such costs, fees and expenses.
The maker or makers of such promissory note may satisfy the same by
the timely payment of all costs, fees and expenses incurred by the
City as identified hereinabove. Such promissory note shall provide
for the payment of interest at no less than twelve percent (12%) per
annum from and after the date of demand and shall further provide
for the payment of attorney fees by the maker or makers in the event
of default.
E.
Exemptions. These regulations shall not
apply in the following instances:
1.
A change in the boundary between
adjoining land which does not create an additional lot. Boundary changes
must be approved by the Zoning Administrator.
2.
Land used for streets or railroad
right-of-way, a drainage easement or other public utilities subject
to local, State or Federal regulations, where no new street or easement
of access is involved.
3.
Whenever any lot, parcel or tract
of land located within the area governed by these regulations has
been subdivided, resubdivided or replatted prior to the adoption of
these regulations.
4.
Any transfer by operation of law.
[R.O. 2009 § 415.030; Ord. No. 782 § 1 (Sub. Regs Art. 2 §§ 1
– 9), 7-31-1980; Ord. No. 2818 § I, 9-11-2008; Ord. No. 2824 § I, 10-9-2008; Ord. No. 2859 § II, 5-14-2009]
A.
Water And Sewer.
1.
The area of the lots shall be determined
by the availability of public sewer and a public water supply. Prior
to the submission of a preliminary plat, the subdivider shall obtain
a determination from the engineer having jurisdiction as to whether
adequate public sewer and water supply are available.
2.
If the proposed subdivision is serviced
by a public water supply and a public sewer system, the minimum lot
area requirements shall be subject to those set forth herein in the
zoning regulations.
3.
If the proposed subdivision is serviced
with a public water supply, but not with a public sewer system, the
preliminary plat shall be prepared with three (3) acre lot minimums.
If the proposed subdivision is serviced with a public sewer system,
but not with a public water system, the preliminary plat shall be
prepared with one-half (1/2) acre lot minimums. Provided, however,
that additional lot area may be required if the area has or is suspected
of having a high water table or if soil conditions prove to be unsuitable
based on percolation tests.
4.
If the proposed subdivision is not
served with either a public water supply or a public sewer system,
the subdivider shall submit his/her preliminary plat on the basis
of minimum three-acre lots; provided, however, that additional lot
area may be required if the area has or is suspected of having a high
water table or if soil conditions prove to be unsuitable based on
percolation tests.
B.
Blocks.
1.
Length. Intersecting streets (which
determine block length) shall be provided at such intervals as to
serve cross traffic adequately and to meet existing streets in the
neighborhood. In residential districts, the blocks shall not exceed
one thousand (1,000) feet in length, except that a greater length
may be permitted where topography or other conditions justify a departure
from this maximum. Blocks for business use shall normally not exceed
six hundred (600) feet in length.
2.
Width. In residential development,
the block width shall normally be sufficient to allow two (2) tiers
of lots of appropriate depth. Blocks intended for business or industrial
use shall be of such width and depth as may be considered most suitable
of the prospective use.
C.
Streets, Alleys And Public Ways.
1.
Relations To Adjoining Street System.
The arrangement of streets in new subdivisions shall make provisions
for the continuation of the principal existing streets in adjoining
additions (or their proper projection where adjoining property is
not subdivided) insofar as they may be necessary for public requirements.
The width of such streets in new subdivisions shall not be less than
the minimum street widths established herein. Alleys, when required,
and street arrangements must also be such as to cause no hardship
to owners of adjoining property when they plat their land and seek
to provide for convenient access to it. Whenever there exists a dedicated
or platted half street or alley adjacent to the tract to be subdivided,
the other half of the street or alley shall be platted and dedicated
as a public way.
2.
Street Names. Street names within
a new subdivision should be coordinated with adjoining streets to
promote the continuation of the same street. New streets should not
have the same or similar name as streets in different parts of the
City, except if they are a continuation of an existing street. Coordination
of street names is important and will reduce response time for emergency
services such as fire, Police and ambulance.
3.
Major Streets. Major streets through
subdivisions shall conform to the major street plan as adopted by
the Planning Commission and the Governing Body.
4.
Minor Streets. Minor streets shall
be so designated to discourage through or non-local traffic.
5.
Culs-de-Sac. Culs-de-sac shall normally
be no longer than five hundred (500) feet, including an adequate turnaround
of not less than a one hundred (100) foot diameter right-of-way which
shall be provided at the closed end.
6.
Right Angle Intersections. Under
normal conditions, streets shall be laid out to intersect, as nearly
as possible, at right angles. Where topography or other conditions
justify a variation from the right angle intersections, the minimum
angle shall be sixty degrees (60°).
7.
Streets Adjacent To A Railroad Right-Of-Way,
Limited Access Freeway, Principal Highway. Where lots front or side,
but do not back railroad rights-of-way, limited access freeways or
principal highways, a marginal access street or frontage road may
be required parallel and adjacent to the boundary of such rights-of-way.
The distance from said rights-of-way shall be determined, with due
consideration, to minimum distance required for approach connections
to future grade separation.
8.
Half Streets Prohibited. Half streets
shall be prohibited except where essential to the reasonable development
of the subdivision in conformity with the other requirements of these
regulations where the Commission finds it will be practicable to require
the dedication of the other half when the adjoining property is subdivided.
Wherever a half street is adjacent to a tract to be subdivided, the
other half street shall be platted within such tract.
9.
Alleys. Alleys may be required in
commercial and industrial districts. Dead-end alleys shall be avoided,
wherever possible. Alleys may be required in certain residential areas.
10.
Minimum Requirements. The right-of-way
grades, horizontal curves and vertical curves for streets and alleys
dedicated and accepted shall not be less than the minimum for each
classification as follows:
a.
Arterial Streets.
Minimum right-of-way: 100 feet
Maximum gradient: 6%
Minimum radii of horizontal curves:
500 feet
Minimum sight distance on vertical
curves: 350 feet
b.
Collector Streets.
Minimum right-of-way width: 70 feet
Maximum gradient: 8%
Minimum radii of horizontal curves:
380 feet
Minimum sight distance on vertical
curves: 300 feet
c.
Local/local Residential Streets.
Minimum right-of-way width: 50 feet
Maximum gradient: 10%
Minimum radii of horizontal curves:
270 feet
Minimum sight distance on vertical
curves: 200 feet
d.
Frontage Roads.
Minimum right-of-way width: 50 feet
e.
Alleys.
Minimum right-of-way width: 16 feet
f.
Pedestrian Way.
Minimum right-of-way: 10 feet
g.
The absolute minimum gradient on
a street shall be one-half percent (1/2 of 1%) and minimum gradient
shall be one percent (1.0%) wherever practical.
11.
Additional Requirements. When existing
or anticipated traffic on arterial and collector streets warrants
greater widths of rights-of-way, the additional width shall be dedicated.
12.
Street Alignment. On streets with
reverse curves, a reasonable tangent shall be provided between curves
to permit a smooth flow of traffic.
13.
Intersections. Local non-aligned
intersections shall be spaced at a minimum of one hundred fifty (150)
feet (centerline to centerline) at arterial streets.
14.
Drainage Easements. Drainage easements
may be required, in addition to street rights-of-way, where the street
or streets adjoin or are parallel with streams or drainage areas or
where lots back on where said drainage exists. The width of such drainage
shall be determined by the engineer having jurisdiction who shall
notify the Planning Commission of his/her recommendation in writing.
D.
Lots.
1.
Minimum width shall be as specified
in the district regulations of the Bolivar zoning regulations; however,
corner lots shall be twenty (20) feet wider than that required in
those regulations. Said width shall be measured at the building setback
line.
2.
Minimum depth shall be one hundred
(100) feet. (Said measurement shall be made through the center of
the lot and shall be perpendicular to the property line or radial
to the property line on curved streets.)
3.
Minimum lot area shall be subject
to the zoning regulations of the district in which the subdivision
is located.
4.
In subdivisions where septic tanks
or other individual sewage disposal devices are to be installed, the
size of all lots included in the subdivision shall be subject to regulations
as set out in this Section under water and sewer.
5.
All side lot lines shall bear sixty
degrees (60°) to ninety degrees (90°) from the street right-of-way
line on a straight street or from the tangent of a curved street.
6.
Corner lots in residential subdivisions
shall observe the same setback on both streets.
7.
Double frontage lots shall be avoided
unless in the opinion of the Planning Commission a variation to this
rule will give better street alignment and lot arrangement.
8.
Every lot shall abut on a street
other than an alley.
9.
Building or setback lines shall be
shown on the final plat for all lots in the subdivision and shall
not be less than the setback required by the zoning regulations.
10.
The subdivision or resubdivision
of a tract or lot shall not be permitted where said subdivision or
resubdivision places an existing permanent structure in violation
of the requirements of the zoning regulations.
F.
Dedication Or Reservation Of Public Sites
And Open Spaces. In subdividing land or resubdividing an existing
plat, due consideration should be given by the subdivider to the dedication
or reservation of suitable sites for schools, parks, playgrounds or
other public recreational areas or open spaces.
G.
Access Control. In the interest of public
safety and for the preservation of the traffic-carrying capacity of
the street system, the Planning Commission shall have the right to
restrict and regulate points of access to all property from the public
street system. Such restrictions shall be indicated on the final plat.
H.
Subdivision Design. The design of the subdivision
shall provide for efficient traffic flow, proper mixing of land uses
and a logical link between surrounding, existing development and the
proposed layout. The Comprehensive Plan should be used as a guide
in determining of the design of the proposed layout. The Comprehensive
Plan should be used as a guide in determining if the design of the
proposed subdivision is proper. The Planning Commission shall have
the authority to deny a plat or request redesign if in its opinion
the layout is not suitable for the site.
I.
Storm Sewer Drainage And Detention. The
following situations shall be required to comply with the regulations
of Title VII of the Bolivar Municipal Code:
1.
Before approval of the final plat
of any commercial or residential subdivision.
2.
Before approval of a building permit
on a commercial lot that has not been previously addressed.
3.
Before approval of a building permit
on a residential lot which will be used for multi-family units which
has not been previously addressed.
J.
Fire
Apparatus Access Roads.
[Ord. No. 3761, 8-9-2022]
1.
Multiple -Family Residential Developments.
a.
Projects Having More Than One Hundred (100) Dwelling Units. Multiple-family
residential projects having more than one hundred (100) dwelling units
shall be equipped throughout with two (2) separate and approved fire
apparatus access roads.
Exception: Projects having up to two (200) dwelling units shall
have not fewer than one (1) approved fire apparatus access road where
all buildings, including non-residential occupancies, are equipped
throughout with approved automatic sprinkler systems installed in
accordance with the 2021 International Fire Code Section 903.3.1.1
or 903.3.1.2.
b.
Projects Having More Than Two Hundred (200) Dwelling Units. Multiple-family
residential projects having more than two hundred (200) dwelling units
shall be provided with two (2) separate and approved fire apparatus
access roads regardless of whether they are equipped with an approved
automatic sprinkler system.
2.
One- Or Two-Family Residential Developments.
a.
Developments of one- or two-family dwellings where the number of
dwelling units exceeds thirty (30) shall be provided with two (2)
separate and approved fire apparatus access roads.
b.
Exceptions:
(1)
Where there are more than thirty (30) dwelling units accessed
from a single public or private fire apparatus access road and all
dwelling units are equipped throughout with an approved automatic
sprinkler system in accordance with the 2021 International Fire Code
Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, access from two (2) directions
shall not be required.
(2)
The number of dwelling units accessed from a single fire apparatus
access road shall not be increased unless fire apparatus access roads
will connect with future development, as determined by the Fire Code
Official.
3.
Remoteness. Where two (2) fire apparatus access roads are required,
they shall be placed a distance apart equal to not less than one-half
(1/2) of the length of the maximum overall diagonal dimension of the
property or area to be served, measured in a straight line between
accesses.
[R.O. 2009 § 415.040; Ord. No. 782 § 1 (Sub. Regs Art. 3 § 1), 7-31-1980]
A.
Intent. The intent of this Section is to
provide for the issuance of building permits in lots divided into
not more than two (2) tracts without having to replat said lot, provided
the resulting lots shall not again be divided without replatting.
The Planning Commission may approve or disapprove lot splits in accordance
with the following regulations
1.
Application Procedure. Requests for
lot split approval shall be made by the owner of the land to the Zoning
Administrator. Twelve (12) copies of a scale drawing of the lots involved
are required. Location of structure(s) thereon together with the precise
nature, location and dimensions of the proposed lot split shall accompany
the application. The application shall be accompanied by a list of
the names and addresses of all persons to receive notices. Written
notices shall be given to all owners of land within one hundred eighty-five
(185) feet of the property proposed to be split. Such owners shall
have ten (10) days from the date of notification to file any protests
to the Planning Commission. The ten (10) day waiting period may be
waived upon submission in writing of statements from those to be notified
that they have no objection to the proposed lot split. (No publication
notice is required.)
2.
Approval Guidelines. Approval or
disapproval of lot splits shall be made based on the following guidelines:
a.
No lot splits shall be approved if:
(1)
A new street of alley
is needed or proposed.
(2)
A vacation of streets,
alleys, setback lines, access control or easements is required or
proposed.
(3)
If such action will
result in significant increases in service requirements, e.g., utilities,
schools, traffic control, streets, etc., or will interfere with maintaining
existing service levels, e.g., additional curb cuts, repaving, etc.
(4)
There is less street
right-of-way than required by these regulations or the Comprehensive
Plan unless such dedication can be made by separate instruments.
(5)
All easement requirements
have not been satisfied.
(6)
If such split will result
in a tract without direct access to a street.
(7)
A substandard sized
lot or parcel will be created.
(8)
If the lot has been
previously split in accordance with these regulations.
b.
The Planning Commission may make
such additional requirements as deemed necessary to carry out the
intent and purpose of existing land development regulations and Governing
Body policy. Requirements may include, but not be limited to, installation
of public facilities, dedication of right-of-way and easements and
submission of covenants for the protection of other landowners in
the original subdivision.
c.
The Planning Commission shall, in
writing, either approve, with or without conditions, or disapprove
the lot split within thirty (30) days of application. If approved
and after all conditions have been met, the Planning Commission shall
sign and furnish a certificate of approval to be affixed to the lot
split survey and a certified copy thereof shall be filed with the
Register of Deeds, the official designated to issue building or occupancy
permits, and a copy shall be furnished to the applicant.
4.
The following are also required on the lot split:
[Ord. No. 3703, 12-14-2021]
a.
Signatures and acknowledgements by all parties having any title
or interest of record in the land and consenting to the preparation
and recording of the said survey.
b.
Signature and seal of the licensed professional engineer or
surveyor responsible for the survey and final map.
c.
The acknowledgement of a notary.
d.
Signatures of the Chairman and Secretary of the Planning Commission,
in substantially the following form:
|
The Planning and Zoning Commission of the City of Bolivar, Missouri,
hereby certifies that the lot split shown herein was approved on the
_______ day of ________________, 20 ____, and that this lot split
meets all the requirements as set forth in the subdivision regulations
of the City of Bolivar, Missouri.
| |
|
Chairman
|
Date
|
|
Secretary
|
Date
|
e.
The acceptance of dedications by the municipal Governing Body
in substantially the following form:
|
I, _________________________________, City Clerk of the City
of Bolivar, Missouri, hereby certify that the foregoing certificate
of approval of lot split is a true and correct copy of the same as
it appears in the records of the City of Bolivar, Missouri, in testimony,
whereof, I have hereunto set my hand and seal this _____ day of _________________________,
20 ____.
| |
|
City Clerk
|
Date
|
f.
Certification of the Recorder of Deeds Office in substantially
the following form:
|
IN THE RECORDER'S OFFICE
| |
|
STATE OF MISSOURI
|
)
|
|
) ss
| |
|
COUNTY OF POLK
|
)
|
|
AS RECORDER OF DEEDS OF SAID COUNTY, I HEREBY CERTIFY THAT THE
WITHIN INSTRUMENT OF WRITING WAS ON THIS ___________ DAY OF______________________,
20_____, A.D. AT O'CLOCK ___M. DULY FILED FOR RECORD AND IS RECORDED
IN THE RECORDS OF THIS OFFICE IN BOOK _______, PAGE _____. IN WITNESS
HEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL AT
MY OFFICE IN THE CITY OF BOLIVAR, MISSOURI, THIS _____DAY OF ________________,
20 ____, A.D.
| |
[R.O. 2009 § 415.050; Ord. No. 782 § 1 (Sub. Regs. Art. 4 §§ 1
– 2), 7-31-1980; Ord. No. 2677, 12-14-2006]
A.
Pre-Application. Prior to the filing of
the preliminary plat, the subdivider shall contact the engineer having
jurisdiction, the official authorized in administering the zoning
regulations and other administrative personnel to determine:
B.
Submission. After reaching the preliminary
conclusions regarding the requirements for the proposed subdivision,
the subdivider shall submit a preliminary plat together with any supplementary
information necessary.
[Ord. No. 3660, 4-27-2021]
1.
Submission Of Preliminary Plat.
a.
Filing Fee. The filing, processing and review fees for each preliminary plat is listed on the current fee chart. There will also be a fee for each landowner of record for which the Zoning Administrator must notify by certified mail pursuant to Section 415.050(B)(1)(c)(6)(c) of this Chapter.
b.
Number Of Copies. The subdivider
shall submit ten (10) copies of the preliminary plat and ten (10)
copies of a vicinity map (if not on the preliminary plat) showing
the location of the proposed subdivision. These plans shall be filed
with the official authorized to administer the Subdivision Regulations
at least fifteen (15) days prior to a regular Planning Commission
meeting at which the preliminary plat is to be considered.
c.
Required contents for preliminary
plats shall contain:
(1)
The proposed name of
the subdivision. (The name shall not duplicate or too closely resemble
the name or names of any existing subdivision.)
(2)
The location of the
boundary lines of the subdivision and reference to the section or
quarter section lines.
(3)
The names and addresses
of the developer, surveyor, landscape architect, architect or engineer
who prepared the plat.
(4)
Scale of the plat, one
inch equals 100 feet or larger.
(5)
Date of preparation
and North point.
(6)
Existing Conditions.
(a)
Location, width and
name of platted streets or other public ways, railroads and utility
rights-of-way, parks and other public open spaces and permanent buildings
within or adjacent to the proposed subdivision shall be shown on the
preliminary plat.
(b)
All existing sewers,
water mains, gas mains, culverts or other underground installations,
within the proposed subdivision or adjacent thereto, with pipe sizes
and manholes, grades and location shall be shown.
(c)
The subdivider shall
submit, with the preliminary plat, a complete list of names and mailing
addresses of all owners of record of all land within one hundred eighty-five
(185) feet of the property proposed for subdivision or resubdivision.
The Zoning Administrator shall notify all such adjacent property owners
of the date when the Planning Commission shall first consider this
plat prior to said meeting.
(d)
Topography (unless specifically
waived) with contour intervals of not more than one (1) foot, referred
to municipality or U.S.G.S. datum shall be shown; also location of
watercourses, bridges, wooded areas, lakes, ravines and such other
features as may be pertinent to the subdivision shall be shown.
(7)
The general arrangement
of lots and their appropriate size.
(8)
Location and width of
proposed streets, alleys, pedestrian ways and easements.
(9)
The general plan of
sewage disposal, water supply and utilities in areas where public
sewers and/or water are proposed to serve the subdivision. In other
cases, a notation shall be made on the plat indicating type of sewage
disposal and water system proposed.
(10)
Location and size of
proposed parks, playgrounds, churches, school sites or other special
uses of land to be considered for reservation for public use.
(11)
The general location
of parking areas sufficient in size to meet the minimum required parking
space requirements of the City zoning regulations.
(12)
Floodplain elevations.
2.
Approval Or Disapproval Of The Preliminary
Plat. Action by the Planning Commission shall be conveyed to the subdivider
in writing within ten (10) days after the official Planning Commission
meeting at which time the plat was considered. In case the plat is
disapproved, the subdivider shall be notified of the reason for such
action and what requirements shall be necessary to meet the approval
of the Planning Commission.
The approval of the preliminary plat
does not constitute an acceptance of the subdivision, but is deemed
an authorization to proceed with the preparation of the final plat.
The approval of the preliminary plat shall only be effective for a
period of twelve (12) months, unless an extension is granted by the
Planning Commission for up to a twelve (12)-month period. The Planning
Commission may not grant more than two (2) twelve (12)-month extensions.
If the final plat for any part of the area covered by the preliminary
plat has not been submitted for approval within this specified period,
a preliminary plat must be resubmitted to the Planning Commission
for approval.
3.
Preliminary Plat Not Required. In
certain limited circumstances, a preliminary plat of a minor subdivision
may not be required, provided all of the following conditions are
met:
a.
The plat contains four (4) or fewer
lots and is not part of a series of small subdivisions.
b.
No street improvements are required
for subdivision development.
c.
All lots will have both access to
and abut an existing public street.
d.
The application for final plat is
accompanied by a statement from the surveyor/engineer certifying each
lot is buildable, unrestricted by excessive slope or other site restrictions.
e.
The application for final plat is
accompanied by a statement certifying the source of water and sanitary
sewer service for each lot.
f.
All other regulations of the City
of Bolivar are met, including, but not limited to, all applicable
regulations regarding stormwater and sidewalks.
[R.O. 2009 § 415.060; Ord. No. 782 § 1 (Sub. Regs. Art. 5 §§ 1
– 4), 7-31-1980; Ord. No. 2817 § I, 9-11-2008; Ord. No. 2818 § II, 9-11-2008]
A.
Submission.
1.
After approval of the preliminary
plat, the subdivider shall submit for approval of the Planning Commission
a final plat (see attached sample plat). The final plat shall be filed
in the office of the Zoning Administrator no later than fifteen (15)
days prior to the Planning Commission meeting at which said final
plat is to be considered.
2.
The original (on mylar) and fifteen
(15) prints thereof shall be submitted to the Zoning Administrator
to fulfill the Subdivision Regulations at least fifteen (15) days
before the Planning Commission public hearing. The sheet size of the
final plat shall be that as requested by the County Recorder of Deeds.
3.
The names and signatures of the owner
or owners of the property duly acknowledged and notarized shall appear
on the original copies submitted.
4.
The final plat, prepared for recording
purposes, shall be drawn at a scale of at least one inch equals 100
feet or larger.
5.
Final Plat Filing Fee. Filing, processing
and consultant fees listed on the current fee chart shall accompany
the final plat.
B.
Information. The final plat shall show
and contain the following information.
1.
Name of subdivision (not to duplicate
or too closely resemble the name of any existing subdivision).
2.
Location of section, township, range,
County and State including the descriptive boundaries of the subdivision
based on an accurate traverse, giving angular and linear dimensions
which must be mathematically correct. The allowable error of closing
on any portion of the plat shall be one (1) foot in five thousand
(5,000).
3.
The location of monuments or bench
marks shall be shown and described on the final plat. Location of
such monuments shall be shown in reference to existing official monuments
or the nearest established street lines, including the true angles
and distances to such reference points and monuments.
4.
The location of lots, streets, public
highways, alleys, parks, sidewalks and other features with accurate
dimensions in feet and decimals of feet with the length of radii on
all curves and other information necessary to reproduce the plat on
the ground.
5.
Lots shall be numbered clearly. Blocks
shall be numbered or lettered clearly in the center of the block.
6.
The exact locations, widths and names
of all streets and alleys to be dedicated.
7.
Boundary lines and description of
the boundary lines of any area, other than streets and alleys, which
are to be dedicated or reserved for public use.
8.
Building setback lines on the front
and side streets with dimensions.
9.
Name, signature and seal of the registered
land surveyor making the plat.
10.
Scale of the plat (scale to be shown
graphically and in feet per inch), date of preparation and North point.
11.
Statement dedicating all easements,
streets, alleys and all other public areas not previously dedicated.
12.
The final plat shall be accompanied
by plans and specifications showing the actual location of water lines,
sanitary sewer lines, storm sewer lines, detention areas, sidewalks
and street lights. The types of material and sizes will also be clearly
indicated.
13.
The following are also required on
the final plat:
a.
Signatures and acknowledgments by
all parties having any record, title or interest in the land subdivided
and consenting to the preparation and recording of the said subdivision
map.
b.
Signatures and acknowledgments, as
above, dedicating all parcels of land shown on the final plat and
intended for any public use except those parcels which are intended
for the exclusive use of the lot owners of the subdivision, their
licensees, visitors, tenants and servants.
c.
Signature and seal of the licensed
professional engineer or surveyor responsible for the survey and final
map.
d.
The acknowledgment of a notary.
e.
Signatures of the Chairman and Secretary
of the Planning Commission.
|
This plat of ______________________________
Addition has been submitted to and approved by the Planning Commission
this ________ day of ____________________, 20_____.
|
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Chairman
|
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Secretary
|
f.
The acceptance of dedications by
the municipal Governing Body, when required, in the following form:
|
The dedications shown on this plat
accepted by the ____________________________ (Board of Aldermen) of
the City of Bolivar this ________ day of ____________________, 20_____.
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|
(SEAL)
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Mayor
|
|
ATTEST:
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City Clerk
|
g.
Certification of the Recorder of
Deeds Office in the following form:
|
IN THE RECORDER'S OFFICE
| |
|
STATE OF MISSOURI )
SS )
COUNTY OF POLK )
| |
|
AS RECORDER OF DEEDS OF SAID COUNTY,
I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT OF WRITING WAS ON THIS______
DAY OF _______________, 20___, A.D. AT ______ O'CLOCK ___.M. DULY
FILED FOR RECORD AND IS RECORDED IN THE RECORDS OF THIS OFFICE IN
BOOK ______ PAGE ______. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY
HAND AND AFFIXED MY OFFICIAL SEAL AT MY OFFICE IN THE CITY OF BOLIVAR,
MISSOURI, THIS ______ DAY OF_______________, 20___ A.D.
| |
14.
Supplemental Information To Be Submitted
With Final Plat. The following additional data shall be submitted
with the final plat:
a.
A title report by an abstract or
a title insurance company or an attorney's opinion of Title, showing
the name of the owner of the land and all other persons who have an
interest or an encumbrance on the plat. The consent of all such persons
shall be shown on the plat.
b.
A certificate showing that all taxes
and special assessments due and payable have been paid in full or
if such taxes have been protested as provided by law, monies or other
sufficient escrows guaranteeing such payment of taxes in the event
the protest is not upheld, may be placed on the deposit with such
officials or governing bodies to meet this requirement.
c.
A copy of any deed restrictions applicable
to the subdivision.
C.
Extent And Manner Of Physical Improvements.
As a condition to the approval of a final plat, the subdivider shall
agree to install the following improvements:
1.
Streets And Street Lights.
a.
Streets shall be surfaced with concrete,
asphaltic concrete or materials approved by the engineer and/or Director
of Public Works and shall include curb. Newly platted subdivision
with existing streets and roadways shall be improved by the developer
in accordance with the requirements and specifications of the City
of Bolivar.
b.
Developers shall install street lights
at all intersections and along streets at intervals of no more than
four hundred (400) feet. Street lights shall be placed on aluminum
or fiberglass poles with 70-watt high-pressure sodium bulbs and an
underground supply of power. Two-hundred-fifty-watt high-pressure
sodium bulbs shall be used on commercial developments. The height
of all street lights shall be of uniform height throughout the subdivision
and with any adjoining subdivisions with common streets or other public
rights-of-way. Placement of street lights shall be noted on the construction
plans of all residential or commercial developments. Placement and
specifications of all street lights shall be approved by the engineer
and/or Director of Public Works.
2.
Water. Where a public water supply
is proposed to serve the subdivision, said water lines shall be installed
in proper easements or with the limits of the street and alley rights-of-way
and shall be of a size as approved by the engineer. Water lines in
street right-of-way shall be placed back of curb and service lines
stubbed out across the street before street construction.
3.
Sewers. If the subdivision is serviced
with a public water supply and a City or community sewage treatment
plant, the sewer system shall be constructed which will provide service
to each lot within the subdivision. The system of lateral sewers shall
collect the sewage within the subdivision and discharge it into a
main sewer or a community disposal system approved by the engineer
and an approval, in writing, of the plans and specifications for the
sewer system shall be made by the Engineer. Sewer lines in street
right-of-way shall be place back of curb and service lines stubbed
out across the street before street construction.
4.
Fences. Where the subdivision of residentially zoned property creates a double frontage lot(s) as defined by the zoning regulations, a fence shall be erected upon that part of the perimeter of the subdivision which is contiguous to the public right-of-way and shall continue for the length of the subdivision which adjoins said right-of-way. The required fence shall be at least six (6) feet high but not greater than eight (8) feet high and otherwise comply with Article IV, Section 410.280(A)(6) and (7) of the Supplementary District Regulations.
5.
Street Signs. Street signs will be
supplied and erected by the appropriate governing authority.
6.
7.
Other Improvements. If other improvements
are required, such as tree planting, retaining walls, drainage structures,
etc., such improvements shall be made in accordance with the recommendations
of the Planning Commission and specifications of the engineer having
jurisdiction.
8.
All lot corners, block corners, point
of intersection (PI) in street alignment shall be set in conformance
with the State Minimum Standards for Property Boundary Surveys as
prescribed by the Department of Natural Resources, Division of Land
Survey, prior to acceptance of the plat by City.
9.
A minimum of two (2) bench marks
(monuments) shall be placed in each subdivision, located and installed
as required by the engineer in conformance with the State Minimum
Standards for Property Boundary Surveys as prescribed by the Department
of Natural Resources, Division of Land Survey, prior to acceptance
of the plat by City. In subdivisions larger than forty (40) acres,
one (1) bench mark shall be installed for each additional 20-acre
area. The monument shall be a three-inch brass or aluminum cap (or
other suitable material approved by the Zoning Administrator), permanently
set in concrete, ten (10) inches in diameter by twenty-four (24) inches
deep and approved by the engineer. The elevation of the monuments
will be identified on each.
10.
Improvement Procedure. After the
approval, but prior to the recording of the final plat, the subdivider
must make all required improvements.
In lieu of the actual construction
of all physical improvements prior to the issuance of building permits,
the Board of Aldermen may, at the option of the developer, accept
a bond or other method of financial assurance acceptable by the City
in the amount that will guarantee the construction of required improvements
within a period of time to be specified and approved by the Governing
Body. Such surety shall be properly executed prior to any grading
or construction and shall be released in segments upon written approval
of the City.
Prior to issuance of building permits,
all street paving, storm drainage and utility lines must be installed
in accordance with City requirements and plans approved by the appropriate
utility company and all grading work completed.
11.
Acceptance Of Improvements. Upon
the receipt by the Governing Body of the certificate of the inspecting
official that all improvements have been installed in conformance
with the approved engineering drawings and with the requirements of
these regulations and all other applicable Statutes, ordinances and
regulations, the Governing Body and/or such appropriate utility shall
thereupon by resolution or by letter, respectively, formally accept
such improvements. The improvements shall become the property of the
Governing Body or appropriate utility company involved.
12.
Construction within lots that would require sidewalks as part of
the normal platting process, overall transportation plan, or at the
determination of the Planning and Zoning Administrator shall have
sidewalks constructed as part of the lot development prior to final
inspection.
[Ord. No. 3880, 8-22-2023]
D.
Consideration By The Planning Commission.
If the Planning Commission rejects or withholds approval of the final
plat, the subdivider may request that said plat be submitted to the
Governing Body. The Planning and Zoning Department shall forward the
proposed plat together with the report of the Planning Commission
stating the reason for its action. The Governing Body may make such
findings and determinations as they deem proper.
[R.O. 2009 § 415.070; Ord. No. 782 § 1 (Sub. Regs. Art. 6 § 1), 7-31-1980]
A.
Procedure. When a subdivision plat is presented
for approval, it may include land that will not conform to the provisions
of these regulations. Reasons for these non-conformities include size
or shape, topographical locations or conditions and/or such usage
that conformity is impossible or impractical. By letter of transmittal,
the Planning Commission may recommend to the Governing Body that they
authorize variances or exceptions in the final plat so that substantial
justice may be done and the public interest secured. In recommending
such variances or exceptions, the Planning Commission shall find the
following:
1.
There are special circumstances or
conditions affecting the property.
2.
The variances or exceptions are necessary
for the reasonable and acceptable development of the property in question.
3.
The granting of the variances or
exceptions will not be detrimental to the public welfare or injurious
to other property in the vicinity in which the property is situated.
[R.O. 2009 § 415.080; Ord. No. 782 § 1 (Sub. Regs. Art. 7 §§ 1
– 6), 7-31-1980]
A.
Building Permits. After the date of the
adoption of these rules and regulations by the Planning Commission
and Governing Body, no building permit shall be issued for any structure
that is located upon a lot in a subdivision that has not been subdivided,
unless approved in the manner as provided for in these Subdivision
Regulations. This shall not apply to subdivisions or lots of record
platted before the adoption of these Subdivision Regulations. By law,
all plats, replats, dedications or deeds must be submitted and approved
by the Planning Commission and Governing Bodies. After this approval,
all documents shall be filed with the Recorder of Deeds.
B.
Submission To The Governing Bodies. After
the review of the final plat by the Planning Commission, such final
plat, together with the recommendations of the Planning Commission,
shall be transmitted to the Governing Bodies as required by law for
their review and action.
C.
Recorded Plats. Two (2) copies of the recorded
plat shall be provided by the subdivider and shall be submitted to
the Planning and Zoning Department.
D.
Severability. If any Section of this regulation
be held to be unconstitutional or otherwise invalid by any court of
competent jurisdiction, then such Section shall be considered separately
and apart from the remaining provisions of these regulations. Said
Section will be completely severable from the remaining provisions
of these regulations and the remaining provisions of these regulations
shall remain in full office and effect.
E.
Penalty. Any person violating the provisions
of the Subdivision Regulations is guilty of an ordinance violation
and, upon conviction thereof, shall be fined not less that one hundred
dollars ($100.00) nor more than five hundred dollars ($500.00) or
by confinement in the County Jail for not more that one (1) year,
or by both fine and confinement. Each and every day such violation
continues shall constitute a separate offense.
F.
Effective Date. These regulations shall
take effect and be in force from and after its passage, approval and
adoption.
[R.O. 2009 § 415.090; Ord. No. 782 § 1 (Sub. Regs. Art. 8 §§ 1
– 2), 7-31-1980]
A.
Intent. The intent of this Section is to
provide a procedure by which a lot line may be altered, but which
does not result in the elimination of any existing lot(s) or the creation
of any additional lots(s). The Zoning Administrator may approve or
disapprove of a boundary change in accordance with the following procedures:
1.
Application Procedure. The owner
of the land shall make boundary change requests to the Zoning Administrator.
Four (4) copies of a survey of the lots which depicts the location
of the structure(s) thereon, easements of record together with precise
nature, location and dimensions of the proposed boundary change shall
accompany the application.
2.
Approval Guidelines. A boundary change
shall not be approved if it creates any non-conformity or fails to
comply with any ordinance or regulation regarding utility services.
B.
Intent. The intent of this Section is to
provide a procedure by which a lot line may be eliminated and two
(2) or more lots consolidated into one (1) lot. The Zoning Administrator
may approve or disapprove of a lot consolidation in accordance with
the following procedures:
1.
Application Procedure. Requests for
lot consolidations shall be made by the owner of the land to the Zoning
Administrator. Four (4) copies of a survey of the lots that depicts
the location of the structure(s) thereon, easements of record together
with the precise nature, location and dimensions of the proposed lot
consolidation shall accompany the application for lot consolidation.
2.
Approval Guidelines. A lot consolidation
shall not be approved if it creates any non-conformity or fails to
comply with any ordinance or regulation regarding utility service.
C.
The following are also required on the boundary change and lot consolidation:
[Ord. No. 3703, 12-14-2021]
1.
Signatures and acknowledgements by all parties having any title
or interest of record in the land and consenting to the preparation
and recording of the said survey.
2.
Signature and seal of the licensed professional engineer or
surveyor responsible for the survey and final map.
3.
The acknowledgement of a notary.
4.
The acceptance of dedications by the municipal Governing Body,
in substantially the following form:
The undersigned hereby certifies that they are the duly appointed
and acting planning and zoning administrator of the City of Bolivar,
Missouri, and the (boundary change/lot consolidation) contemplated
by this survey and this description has been approved by the City
of Bolivar, pursuant to its subdivision regulations.
|
Planning and Zoning Administrator
|
Date
|
5.
Certification of the Recorder of Deeds Office in substantially
the following form:
|
IN THE RECORDER'S OFFICE
| |
|
STATE OF MISSOURI
|
)
|
|
) ss
| |
|
COUNTY OF POLK
|
)
|
|
AS RECORDER OF DEEDS OF SAID COUNTY, I HEREBY CERTIFY THAT THE
WITHIN INSTRUMENT OF WRITING WAS ON THIS ____ DAY OF _________________,
20 ______, A.D. AT ____________ O'CLOCK _____M. DULY FILED FOR RECORD
AND IS RECORDED IN THE RECORDS OF THIS OFFICE IN BOOK ________, PAGE
______. IN WITNESS HEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED
MY OFFICIAL SEAL AT MY OFFICE IN THE CITY OF BOLIVAR, MISSOURI, THIS
_____ DAY OF ______________, 20 ____, A.D.
| |
[R.O. 2009 § 415.100; Ord. No. 782 § 1 (Sub. Regs. Art. 9 §§ 1
– 12), 7-31-1980]
A.
Purpose. The purpose of this Section of
the Bolivar Zoning Code is to ensure a minimum level of open space
and green space as an integral part of new development. Furthermore,
this Section provides standards and criteria for landscaping intended
to enhance the value of property and improve the physical appearance
of the City as well as maintain an ecological balance. Increased green
space and open space reduces water runoff, flooding, erosion, water
pollution, noise, glare, heat and visual blight. The standards and
criteria contained within this Section are deemed to be minimum standards
and shall apply to all new industrial, commercial and residential
development occurring within the City of Bolivar.
B.
Applicability. The requirements of this
Section apply to all public, private and institutional developments
approved for development within the City of Bolivar, after the date
of this Chapter is adopted, with the following exceptions:
1.
Previously approved developments
which have been given a permit to begin construction.
2.
Additions to existing structures
that are under ten percent (10%) of the gross floor area of the building
or five thousand (5,000) square feet, whichever is less.
3.
An application for alternative landscaping
schemes is justified only when one (1) or more of the following conditions
apply. In such a case, the applicant shall describe in a letter to
the Planning and Zoning Department which of the requirements set forth
in this Section will be met with modifications, which project conditions
justify using alternatives and how the proposed measures equal or
exceed normal compliance. The request will be evaluated on a case-by-case
basis.
a.
The site involves space limitations
or unusually shaped parcels.
b.
Topography, spoil, vegetation or
other site conditions are such that full compliance is impossible
or impractical.
c.
Safety considerations require a change.
d.
Landscaping, screening and buffer
yard standards shall apply to all applicable situations, regardless
of requests from adjoining property owners to omit the same.
C.
Conflicts. If the provisions of this Section
conflict with other ordinances or regulations, the more stringent
limitation or requirement shall govern or prevail to the extent of
the conflict.
D.
Enforcement.
1.
The Zoning Administrator of the Bolivar
Planning and Zoning Department shall have jurisdiction over the administration
and enforcement of the provisions of this Section.
2.
If at any time after the issuance
of a certificate of occupancy and the Planning and Zoning Department
determines that the approved landscaping does not conform to the standards
and criteria in this Section, a notice shall be issued to the owner
and to any known tenant or agent citing the violations and describing
what action is required to comply with this Section. The owner, tenant
or agent shall have thirty (30) days from the date of said notice
to restore the landscaping as required. If landscaping is not restored
within the allotted time or arrangements have not been made in conformance
with this Section, such person shall be in violation of this Section.
It is the responsibility of the owner of the property to comply with
these requirements.
E.
Permits.
1.
No permits shall be used for the
improvement of any site, the construction of any building or the establishment
of any use for which a landscaping plan is required by this Section
until such plan has been submitted to and approved the Planning and
Zoning Department.
2.
Before the issuance of a certificate
of occupancy for any building or structure, all screening and landscaping
shall be in place in accordance with the landscape plan required in
this Section.
3.
Standards have been established for
installation of all plant materials within the City of Bolivar. These
requirements must be followed in order to receive approval of the
site work and final occupancy or approval of the development. The
Planning and Zoning Department has the authority to deny the issuance
of a final occupancy permit until landscaping is installed according
to the requirements of this Section and to the satisfaction of the
site inspector.
4.
The Planning and Zoning Department
may approve temporary occupancy permits if occupancy is sought at
a season of the year (November 1 to March 1) in which it is impractical
to plant trees, shrubs or grass or to lay turf.
F.
Landscaping And Open Space Plans.
1.
The landscaping and open space plans
shall provide, to the maximum extent practical, for the preservation
of existing trees. It is the intent to discourage the practice of
removing all existing trees in the improvement of development of properties
within the City. Plans which provide for clear cutting of existing
trees shall be approved by the Planning and Zoning Department only
if the developer or contractor establishes by clear and convincing
evidence that the prohibition of clear cutting substantially and unreasonably
restricts his/her ability to develop the property and that the development
will not be economically viable unless clear cutting is permitted.
2.
The landscaping and open space plan
must be submitted concurrently with the site plan. The Planning and
Zoning Department shall review such plans and shall approve them if
the plans are in accordance with the criteria in this Section. If
the plans are not in accordance, they shall be disapproved and shall
be accompanied by a written statement setting forth the changes necessary
to bring the plans into compliance.
3.
Landscape and open space plans shall
contain the following information:
a.
A minimum scale of one inch equals
50 feet;
b.
The location, general type and viability
of existing vegetation, including trees to be preserved;
c.
The location of all plant and other
landscape materials such as earth berms, walls, fences, screens, sculptures,
fountains, street furniture, lights and courts or paved areas;
d.
Plant lists or schedules with the
botanical and common names, general description (canopy, under story,
ornamental or evergreen, shrub, grass, etc.), quantity, spacing and
size of all proposed landscape material at the time of planting; and
e.
The person, architect or company
responsible for the landscape plan.
G.
Maintenance. The owner of the property
shall be responsible for maintaining in a neat and orderly manner
at all times the landscaping required by this Section. Plant materials
shall be maintained in a healthy and growing condition during the
appropriate seasons. Plant materials which die shall be replaced with
healthy plant material of similar variety and meeting the size requirement
of this Section.
H.
General Standards. The following criteria
and standards shall apply to landscape materials and installation:
1.
Quality. All trees and shrubs used
in conformance with the provisions of this Section shall have well-developed
leaders and tops, roots characteristic of the species and show evidence
of proper nursery pruning. All plant materials must be free of insects,
diseases, mechanical injuries and other objectionable features at
the time of planting.
2.
Coverage. Grass, ground cover, shrubs and other living landscape materials shall be used to cover all open ground. Landscaping materials, such as mulch, bark, etc., can be incorporated into a landscape plan where appropriate. Please see recommendations in Subsection (L). Nursery plant containers No. 2 through No. 5 are required.
3.
Trees. Trees referred to in this Section shall be of a species common to or adapted to this area of Missouri. Tree caliper shall be taken six (6) inches above grade. Please refer to the list of acceptable and unacceptable trees in Subsection (K). Nursery container No. 7 or one-inch caliper trees are required.
4.
Ground Cover. Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one (1) year after the time of planting. Please see recommendations in Subsection (L). Nursery container No. 1 is acceptable.
5.
Lawn Grass. Grass areas may be sod, plugged, sprigged or seeded except that solid sod shall be used in swales, berms or other areas subject to erosion. Please see recommendations in Subsection (L).
6.
Credit For Existing Trees. Any trees
preserved on a site in required buffer yards and perimeter landscaping
areas and meeting the specifications in this Section may, at the discretion
of the Planning and Zoning Department, be credited toward meeting
the tree requirements of any landscaping provision of this Section.
Any tree for which credit is given shall be in a condition that encourages
long-term survival and in a location that conforms to the intent and
standards of this Section.
7.
Fences. Existing fences located on
adjacent properties or on property lines shall not be credited towards
fulfilling the requirements of this Section. All required fences shall
be constructed inside property boundaries preventing the removal by
adjacent property owners.
I.
Minimum Tree And Shrub Planting Or Preservation
Requirements (Street Frontage, Interior And Perimeter).
1.
General. Each development is required to address street frontage and perimeter landscaping as it pertains to the particular site. Single-family and two-family residential districts are exempt from this Section unless alternative parking or recreational areas are provided, in which case the Planning and Zoning Department may require the development to conform to the standards and criteria of this Section. Following are the options that an applicant has for site landscaping. Areas used for parking or vehicular storage which are under, on or within buildings are exempt from there standards. Other exemptions from these requirements are addressed in Subsection (B).
2.
Street Frontage Landscaping Requirements.
The site plan for any development must show a landscaped street buffer
along all public rights-of-way. The applicant may choose among five
(5) options below, choosing one (1) or a combination of several to
meet the particular site constraints of the development.
a.
Option 1. A minimum buffer of ten
(10) feet in width, planted with a minimum of one (1) canopy tree
and seven (7) shrubs per fifty (50) linear feet of street frontage.
b.
Option 2. Earth berms, at least two
and one-half (2 1/2) feet higher than the finished elevation of the
parking lot, planted with a minimum of one (1) canopy tree and three
(3) shrubs per fifty (50) linear feet of street frontage, with no
set dimension.
c.
Option 3. A six (6) foot landscaped
street buffer with three (3) feet of fall that includes a minimum
of one (1) canopy tree and three (3) shrubs per fifty (50) linear
feet of street frontage.
d.
Option 4. A three (3) foot high wall
made of brick, stone or finished concrete along with a four (4) foot
buffer area including one (1) canopy tree per fifty (50) linear feet
along street frontage.
e.
Option 5. A landscaped buffer area
with existing woodlands maintained in a twenty-five (25) foot strip
along the street frontage.
3.
Parking Lot Perimeter Landscaping
Requirements.
a.
Perimeter landscaping shall be provided
where a parking lot or vehicular circulation is within fifty (50)
feet of another parking lot. This prevents two (2) adjacent lots from
becoming one (1) large expanse of paving.
b.
A minimum of five (5) feet landscaped strip is required along the side and rear lot lines of a development. One (1) overstory tree or two (2) understory, ornamental or evergreen trees are required in addition to three (3) shrubs per fifty (50) linear feet of the perimeter. This perimeter landscaping strip would not be in addition to the landscaped street frontage buffer required in Subsection (I)(2) hereof.
c.
The perimeter landscaping requirement
does not preclude the need for vehicular access to be provided between
lots.
d.
The five-foot perimeter strip is
required for each development regardless if one is already in place
from an adjacent, developed lot.
e.
No pavement may extend within five
(5) feet of the property line on any lot unless it is included with
an ingress/egress location.
4.
Interior Parking Lot Landscaping
Standards.
b.
Interior parking lot landscaping
shall include grass, ground cover, plants, shrubs and trees. Gravel
or other pavement shall not be considered appropriate landscape treatment.
c.
The following additional criteria
shall apply to the interior of parking and vehicular use areas:
(1)
All interior landscaping
areas must be curbed to protect landscaping and trees.
(2)
There shall be a minimum
of two (2) understory or one (1) canopy tree planted for each thirty
(30) parking spaces or fifteen thousand (15,000) square feet of parking
or vehicular circulation area. Parking areas which provide less than
thirty (30) spaces or less than fifteen thousand (15,000) square feet
do not require interior parking lot landscaping.
(3)
Interior areas of parking
and vehicular areas shall contain planting islands located so as to
best relieve the expanse of paving. Interior planting areas shall
be a minimum of one hundred (100) square feet for each understory
tree and two hundred (200) square feet for each canopy tree dimensioned
in such a way as to provide a suitable area for planting. All trees
must be planted four (4) feet in for car doors to open from adjacent
parking spaces.
(4)
Plant materials at vehicular
entrances shall be located so as to maintain safe sight distances.
(5)
Trees shall not be placed
where they interfere with site drainage or where they shall require
frequent pruning in order to avoid interference with overhead power
lines. A minimum of seventy-five percent (75%) of all required trees
shall be shade trees.
J.
Required Dedication Of Open Space. Each
new commercial subdivision and development shall provide open space.
The open space shall meet the following minimum requirements:
1.
General Provisions. Rights-of-way
as required by ordinance shall not be included in dedicated open space,
unless the City, County or State permits the right-of-way to be improved
with landscaping, etc., meeting the minimum requirements of this Section.
Approval from the governing authority shall be provided before a permit
will be issued.
K.
Suggested Trees For Landscaping.
|
LARGE SIZE CANOPY TREES
|
|---|
|
[reaching height of fifty (50) feet
or more at maturity]
|
|
Common Name:
|
|
Patmore Green Ash (seedless variety)
|
|
Autumn Purple Ash
|
|
Pin Oak
|
|
Sugar Oak
|
|
Tulip Tree (use in moderation)
|
|
American Linden
|
|
MEDIUM SIZE CANOPY TREES
| |
|---|---|
|
[reaching heights of thirty (30)
to forty-five (45) feet at maturity]
| |
|
Common Name:
| |
|
Red Sunset Red Maple
| |
|
Autumn Flame Maple
| |
|
Autumn Blaze Maple
| |
|
Ornamental Pear:
| |
|
Aristocrat
| |
|
Redspire
| |
|
Cleveland Select
| |
|
Capital Chanticleer
| |
|
Yoshino Cherry
| |
|
Kwansan Cherry
| |
|
Thornless Honey Locust
| |
|
Shade Master Honey Locust
| |
|
SMALL SIZE UNDERSTORY TREES
| |
|---|---|
|
[reaching heights of not more than
thirty (30) feet at maturity]
| |
|
Common Name:
| |
|
Eastern Red Bud
| |
|
Forest Pansy Redbud
| |
|
Magnolia
| |
|
Jane
| |
|
Saucer
| |
|
Ann
| |
|
Royal Star
| |
|
Amur Maple
| |
|
Dogwood — shade
| |
|
Red
| |
|
Pink
| |
|
White
| |
|
DWARF AND WEEPING ORNAMENTAL
TREES
| |
|---|---|
|
[reaching heights of ten (10) feet
or less]
| |
|
Common Name:
| |
|
Weeping Pussy Willow — shade
| |
|
Japanese Maple
| |
|
Weeping Red
| |
|
Weeping Green
| |
|
Bloodgood — any upright
| |
|
Weeping Peach
| |
|
Weeping Cherry
| |
|
Tree Hydrangea
| |
|
Tree Lilac
| |
|
EVERGREEN TREES
|
|---|
|
(cannot be planted within public
rights-of-way)
|
|
Common Name:
|
|
Fir
|
|
Spruce
|
|
Pine
|
|
Arborvitae
|
|
Junipers
|
|
UNDESIRABLE TREE SPECIES
|
|---|
|
(cannot be planted on public rights-of-way
without Planning and Zoning Commission approval)
|
|
Common Name:
|
|
Box Elder
|
|
Silver or Soft Maple
|
|
Horse Chestnut
|
|
Tree-of-Heaven
|
|
Mimosa
|
|
Catalpa
|
|
Persimmon
|
|
Honey Locust (except thornless)
|
|
Black Walnut
|
|
Osage Orange
|
|
Apples
|
|
Mulberry (all fruit-bearing varieties)
|
|
Sycamore
|
|
Poplars
|
|
Cottonwood
|
|
Cherry, Plum and Pear (all fruit-bearing
varieties)
|
|
Black Locust
|
|
Willow
|
|
Elms
|
|
Sweet Gum
|
L.
Recommended Plant Material.
|
TURF
|
|---|
|
Common Name:
|
|
Common Kentucky Blue Grass
|
|
Common Tall Fescue
|
|
Turf-type Tall Fescue
|
|
LARGE SHRUBS (4 – 6 feet)
| |
|---|---|
|
Common Name:
| |
|
Glossy Abelia
| |
|
Red Twig Dogwood
| |
|
Dwarf Burning Bush
| |
|
Hydrangea
| |
|
Endless Summer
| |
|
Oakleaf
| |
|
Glowing Embers
| |
|
Nikko Blue
| |
|
Crape Myrtle
| |
|
Heavenly Bamboo
| |
|
Pieris — dwarf
| |
|
Viburnum
| |
|
Ninebark
| |
|
SMALL SHRUBS (3 – 4 feet)
| |
|---|---|
|
Common Name:
| |
|
Azaleas — shade
| |
|
Girard varieties
| |
|
Boxwood
| |
|
Wintergreen
| |
|
Winter Gem
| |
|
Emerald Jewel
| |
|
Golden Euonymus
| |
|
Sweetspire
| |
|
Little Henry
| |
|
Crape Myrtle — dwarf
| |
|
Nadina
| |
|
Harbor Dwarf
| |
|
Compact
| |
|
Firehouse
| |
|
Firepower
| |
|
Weigelia
| |
|
Wint and Roses
| |
|
Minuet
| |
|
Rumba
| |
|
Dwarf Korean Lilac
| |
|
ORNAMENTAL GRASSES
| |
|---|---|
|
Common Name:
| |
|
Hardy Pampas
| |
|
Karl Foerster Reed Grass
| |
|
Maiden Grass — any variety
| |
|
Loriope Grass
| |
|
Variegated
| |
|
Big Blue
| |
|
Porcupine Grass
| |
|
Variegated Japanese Silver Grass
| |
|
BORDER PLANTS AND GROUND COVER
| |
|---|---|
|
Common Name:
| |
|
Hosta — shade
| |
|
Coreopsis
| |
|
Moonbeam
| |
|
Zagreb
| |
|
Daylilies — Hemerocallis
| |
|
Columbine
| |
|
Astilbe
| |
|
Bergenia
| |
|
Speedwell — Veronica
| |
|
Russian Sage
| |
|
Coral Bell
| |
|
Ajuga
| |
|
Creeping Phlox
| |
|
Purple Leaf Wintercreeper
| |
|
Sedum — Stonecrop
| |
|
EVERGREENS
|
|---|
|
Common Name:
|
|
Mini Acadia Juniper
|
|
Compact Andorra Juniper
|
|
Dwarf Alberta Spruce
|
|
Hetzi Midget Arborvitae
|
|
Wichita Blue Juniper
|
|
Foster Holly
|
|
Sunkist Arborvitae
|
|
Bar Harbor Juniper
|
|
Densiform Yew
|
[R.O. 2009 Title IV Attachment 1; Ord. No. 3704, 12-14-2021; Ord. No. 3762, 8-9-2022; Ord.
No. 3880, 8-22-2023]
|
Boundary Change/Lot Consolidation:
| |
|
Filing fee, review, processing and recording
|
$125.00
|
|
Lot Split:
| |
|
Filing fee, review, processing and recording
|
$185.00
|
|
Preliminary Plat:
| |
|
Filing fee, review and processing
|
$200.00
|
|
Certified mailing
|
Current postal rates
|
|
Final Plat:
| |
|
Filing fee, internal review, processing and recording of major
subdivision
|
$675.00
|
|
Filing fee, internal review, processing and recording of minor
subdivision
|
$225.00
|
|
Review by consultant
|
Per Section 415.020(D)
|
|
Original performance bond
|
$120.00
|
|
Each additional performance bond
|
$80.00
|
|
Zoning Change:
| |
|
Filing fee, internal review and processing
|
$250.00
|
|
Mailing
|
Current postal rates
|
|
Board of Adjustment:
| |
|
Appeal and special use permit filing fee and processing
|
$150.00
|
|
Variance filing fee and processing
|
$500.00
|
|
Mailing
|
Current postal rates
|
|
The City's cost for professional services for appeals and variances
shall be paid by the applicant
| |
|
Street Name Change:
| |
|
Filing fee, review, processing, and recording
|
$325.00
|
|
Mailing
|
Current postal rates
|
|
Vacating:
| |
|
Filing fee, review, processing, and recording
|
$325.00
|
|
Mailing
|
Current postal rates
|
