Editor's Note — Ord. no. 918 §2, adopted May 1, 2008,
repealed ch. 410 "land subdivision" and enacted new provisions set
out herein. Former ch. 410 derived from CC 1984 §§22.010
— 22.110; ord. no. 491 art. I — XI, 9-12-1983; ord. no.
575 §1, 9-10-1990; ord. no. 636B §1, 11-14-1994; ord. no.
714 §1, 8-9-1999; ord. no. 811 §1, 12-14-2004; ord. no.
855 §1, 3-14-2006.
Cross Reference — As to fee schedule, see Appendix A at
the end of Title IV.
[Ord. No. 918 §2, 5-1-2008]
A.
This
Chapter shall be known, referred to and cited as the Subdivision Regulations
of New Haven, Missouri.
B.
The
purpose of these regulations is to provide for the coordination of
streets within the subdivision with other existing or planned streets
or with other features of the Comprehensive Plan of New Haven, Missouri;
for minimum requirements of the preliminary and final plats; for minimum
standards of physical improvements in new subdivisions; for adequate
open spaces, for traffic, recreation, light and air and for distribution
of population and traffic for the health, safety and general welfare
of the community.
[Ord. No. 918 §2, 5-1-2008]
The City of New Haven shall be exempt from the subdivision regulations
contained in this Chapter with respect to any property owned and/or
operated by the City of New Haven.
[Ord. No. 918 §2, 5-1-2008]
As used in this Chapter, the following terms shall have these
prescribed meanings:
A line on a plat between which line and a street no building
or structure may be erected.
The Comprehensive Plan made and adopted by the Planning and
Zoning Commission, indicating the general locations recommended for
the streets, parks, public buildings, land uses and all other public
improvements.
A minor street with only one (1) outlet and culminated by
a turnaround.
A street intended to serve as a major trafficway and designated
as a major street in the Comprehensive Plan.
A street intended to serve the local need of an area and
not designated as a major street in the Comprehensive Plan.
Any land improved or unimproved, or any portion thereof,
shown on the last preceding tax roll as a unit or as contiguous units,
which is divided into two (2) or more lots, plots, sites or other
divisions of land for the purpose of offering for sale, lease or development,
including resubdivision. "Subdivision" includes the
division or development of residential and non-residential zoned land,
including planned developments, whether by deed, metes and bounds
description, map, plat or other recorded instrument and the dedication,
opening or widening of any proposed or existing right-of-way for a
public or private street.
A subdivision of no more than two (2) commercial or industrially
zoned lots or three (3) residentially zoned lots.
[Ord. No. 918 §2, 5-1-2008]
A.
It
shall be unlawful for any person being the owner, agent or person
having control of any land within the City of New Haven, Missouri,
to subdivide or lay out such land in lots unless by a plat in accordance
with the regulations contained herein. No lots shall be sold nor any
plat recorded until such plat has been approved as herein provided.
B.
The
subdivider shall submit a preliminary plat in accordance with the
specifications contained herein. A preliminary plat shall first be
submitted to the Planning and Zoning Commission for approval.
After the preliminary plans are approved by the Planning and
Zoning Commission in accordance with this Chapter, such preliminary
plans shall be submitted to the Board of Aldermen for its approval
or disapproval.
C.
Following
approval of the preliminary plat, the subdivider shall:
1.
Install the minimum improvements as approved,
2.
Furnish a bond to cover the cost of the improvements, or
3.
Provide for an assessment guaranteeing such installations in accordance
with this Article. Upon approval of improvement installations or arrangement
therefor, the final plat shall be submitted to the Planning and Zoning
Commission and Board of Aldermen in accordance with the provisions
of this Chapter.
[Ord. No. 918 §2, 5-1-2008]
A.
Relation To Adjoining Street System. The arrangement of
streets in new subdivisions shall make provisions for the continuation
of the principal existing streets in adjoining areas (or their proper
projection where adjoining land is not subdivided), insofar as they
may be deemed necessary by the Commission for public requirements.
The subdivider shall be required to construct certain existing or
planned streets through or adjacent to the area that is being subdivided,
whenever same is deemed necessary, to provide for local movements
of vehicles or to enable adjoining property to be properly subdivided.
Off-set streets should be avoided. The angle of intersection between
minor streets and major streets should not vary by more than ten degrees
(10°) from a right angle. Streets obviously in alignment with
existing streets shall bear the names of the existing streets. All
proposed street names shall be checked against duplication of other
street names and shall be approved by the City of New Haven. The widths
and locations of major streets shall generally conform to the widths
and locations designated on the Comprehensive Plan. Residential subdivisions
are strongly encouraged to have multiple access points to aid in public
safety.
B.
Design Standards. The roadway and streets design standards
are as set out elsewhere within this Chapter.
C.
Character Of Development.
1.
The Commission shall confer with the subdivider regarding the type
and character of development that will be permitted in the subdivision
and may agree with the subdivider as to certain minimum restrictions
to be placed upon the property.
2.
Deed restrictions or covenants should be included to provide for
the creation of a property owners' association or Board of Trustees
for the proper protection and maintenance of the development in the
future; provided however, that such deed restrictions or covenants
shall not contain reversionary clauses wherein any lot shall return
to the subdivider because of a violation thereon of the terms of the
restrictions or covenants.
3.
Where the subdivision contains sewers, sewage treatment plants, water
supply systems, park areas, street trees or other physical facilities
necessary or desirable for the welfare of the area and which are of
common use or benefit and are not or cannot be satisfactorily maintained
by an existing public agency, provision shall be made by trust agreement,
made a part of the deed restrictions acceptable to any agency having
jurisdiction over the location and improvement of such facilities,
for the proper and continuous maintenance and supervision of such
facilities.
4.
Parks, school sites, etc. Where an area being subdivided
includes lands proposed to be used for parks or schools under the
duly adopted Comprehensive Plan of the City and environs, the subdivider
shall not plat such lands as a part of the subdivision plat and shall
confer with the appropriate public agency regarding the time, method
and appropriate compensation for the agency to acquire the land. If
no agreement has been reached upon the acquisition of the area within
two (2) years from the date of the submission of the preliminary plat,
the subdivider may then plat the balance of the area.
5.
Easements along streams. Whenever any stream or
important surface drainage course is located in an area which is being
subdivided, the subdivider shall provide an adequate easement along
each side of the stream for the purpose of widening, deepening, sloping,
improving or protecting the stream or drainage course, to be utilized
for open space or to contain a bicycle path/walking trail.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 956 §9, 1-11-2010]
A.
Whenever
any person desires to subdivide or develop land, he/she shall submit
four (4) copies of the preliminary plat conforming to the requirements
contained herein to the Planning and Zoning Commission and an eleven
(11) inch by seventeen (17) inch sized presentation format, along
with an applicable fee to cover the costs of review of the plats before
submission of improvement plans or the final plat. Resubmittal of
plats shall require the payment of an additional fee.
1.
Hearings required. A public hearing before the Planning
and Zoning Commission and Board of Aldermen shall be required prior
to action on any preliminary plat. Notice of such hearing shall be
published at least once in a newspaper of local distribution and shall
be mailed to all owners of property located within two hundred (200)
feet of the subject property, such notices to be given at least fifteen
(15) days in advance of the hearing.
B.
The
preliminary plat shall show:
1.
The location of present property lines, streets, buildings, watercourses,
tree masses and other existing features within the area to be subdivided
and similar information regarding existing conditions of land within
two hundred (200) feet of the tract.
2.
Existing sanitary and storm sewers, water mains, culverts and other
underground structures within the tract or immediately adjacent thereto.
The location and size of the nearest water main and sewer or outlet
are to be indicated in a general way upon the plat.
3.
The names and adjoining boundaries of all adjoining subdivisions
and the names of recorded owners of adjoining parcels of unsubdivided
land.
4.
The title under which the proposed subdivision is to be recorded
and the name of the subdivider platting the tract.
5.
The proposed location and width of streets, alleys, lots, building
and setback lines and easements.
6.
Contours with five (5) foot intervals based on U.S.G.S. datum to
determine the character and topography of the land to be subdivided,
but in no case shall the intervals be more than five (5) feet.
7.
North point, scale and date.
8.
Grades and profiles of streets and plans regarding the grades of
proposed streets and the width and type of pavement, location, size
and type of sanitary sewer or other sewage disposal facilities; water
mains and other utilities, facilities for stormwater drainage; curb
and gutter; and other proposed improvements such as sidewalks, planting
and parks and any grading activity.
9.
A copy of the proposed subdivision restrictions shall also be submitted
with the preliminary plans.
10.
Name of registered land surveyor and registered professional engineer.
C.
Prepared By Registered Land Surveyor. Every plat shall be
prepared by a registered land surveyor duly licensed by the State,
who shall endorse upon each plat a certificate signed by him/her setting
forth the title of the owner of the land subdivided and the place
of record of the last instrument in the chain of the title and shall
cause his/her seal to be affixed on the face of the plat.
D.
Required Statement. Every plat or the deed of dedication
to which such plat is attached shall contain, in addition to the registered
land surveyor's certificate, a statement to the effect that "the above
and foregoing subdivision of (here insert correct description of the
land subdivided) as appears in the plat in question is with free consent
and in accordance with the desire of the undersigned owners, proprietors
and trustees, if any, shall be duly acknowledged before some officer
authorized to take acknowledgments of deeds and, when then executed
and acknowledged, shall be filed and recorded in the office of the
Recorder of Deeds of Franklin County and indexed under the names of
the owners of the lands signing such statement and under the name
of the subdivision".
E.
Recording. Any owner or any proprietor of any tract of land
situated within the corporate limits of the City who subdivides the
same shall cause a plat of such subdivision, with reference to known
or permanent monuments, to be made and recorded in the office of the
Recorder of Deeds of Franklin County. No plat shall be recorded in
the office of the Recorder of Deeds unless and until as provided for
in this Chapter. No lot subject to this Chapter shall be sold unless
first established by provisions of this Chapter. No building permit
shall be issued for construction on a parcel or lot created in violation
of this Chapter.
F.
After
the preliminary plat has been approved by the Commission, it shall
be submitted to the City Board of Aldermen for its approval or disapproval.
Approval of the preliminary plat by the Board of Aldermen does not
constitute an acceptance or approval of the final plat. One (1) copy
of the approved plat, signed by the Mayor, shall be retained in the
office of the City Clerk. One (1) signed copy will be given to the
subdivider. The approved preliminary plat shall also be provided to
the City in an electronic media format acceptable to the City.
[Ord. No. 918 §2, 5-1-2008]
A.
The
purpose of this Section is to allow a review to be made of platted
lots or other lawful parcels for the purpose of streamlining the review
process; however, it is not intended that extensive replatting be
accomplished by use of this Section.
C.
Procedure.
1.
A minor subdivision shall be accomplished by plat depicting the boundaries
of the original lot(s) and of the additional lots.
2.
The minor subdivision plat shall be submitted to the Planning and
Zoning Commission and Board of Aldermen and City Engineer for their
review. The established fee, payable to the City of New Haven, shall
be submitted with the minor subdivision plat.
3.
The final minor subdivision plat shall be submitted to the Planning
and Zoning Commission and Board of Aldermen for their approval consistent
with the final plat procedure contained elsewhere in this Chapter.
[Ord. No. 918 §2, 5-1-2008]
A.
Receipt
of the signed copy of the preliminary plat is authorization for the
subdivider to proceed with the preparation of the improvement plans
and specifications for the following minimum improvements and with
the preparation of the final plat. Prior to the construction of any
improvements required or the submission of a bond in lieu thereof
or to the provision for any assessment for such construction, the
subdivider shall furnish the City Engineer all plans, information
and data necessary to determine the character of said improvements
along with an applicable filing fee to cover the costs of review of
plans. These plans shall be examined by the City Engineer and will
be approved, if in accordance with the requirements of this Chapter.
Resubmittal of a plat shall require the payment of an additional fee.
Following this approval, construction can be started or the amount
of a bond determined or an assessment provided for.
B.
No
final or official plat of any subdivision shall be approved unless:
1.
The subdivider agrees with the Board of Aldermen upon an assessment
whereby the City is put in an assured position to install the improvements
listed below at the cost to the owners of property within the subdivision,
or
2.
The improvements listed below have been installed prior to such approval,
or
3.
The subdivider files with the Board of Aldermen a surety bond, letter
of credit, cashier's check or a certified check upon a solvent bank
located in the State of Missouri conditioned to secure the construction
of the improvements listed below in a satisfactory manner and within
a period specified by the Board of Aldermen, such period not to exceed
two (2) years. No such bond or check shall be accepted unless it be
enforceable by or payable to the City in a sum of at least equal to
the cost of constructing the improvements as estimated by the City
Engineer and in form with surety and conditions approved by the City
Attorney.
C.
The
owner of a tract may prepare and secure approval of a preliminary
subdivision plan of an entire area and may install the above improvements
only in a portion of such area, but the improvements must be installed
in any portion of the area for which a final plat is approved for
recording; provided however, that truck sewers and any sewage treatment
plant shall be designed and built in such a manner that they can easily
be expanded or extended to serve the entire area.
D.
Permanent Markers. Iron/steel pins or pipes not less than
one-half (½) inch in diameter and not less than twenty-four
(24) inches in length shall be set as follows:
1.
At all lot corners not marked by monuments.
2.
At all points where street lines intersect the exterior boundaries
of the subdivision.
3.
At all street corners.
4.
At all intersection of curves and tangents along street lines.
|
|
Where installation of iron/steel pins or pipes is not feasible
or is impractical, some other permanent means of marking shall be
used, e.g., embedded or prescribed marks in concrete streets, curbs
or sidewalks.
|
E.
Streets. The design standards for roadways and streets are
as set out elsewhere in this Chapter. Street improvements shall be
coordinated with the City of New Haven and the Missouri Department
of Transportation and be adequate to service the entire subdivision
for both on-site and off-site improvements.
F.
Curb And Gutter. All streets shall have concrete curb and
gutter and according to plans and specifications approved by the City.
G.
Stormwater Drainage. Adequate stormwater drainage system
shall be provided including all necessary open ditches, pipes, culverts,
intersectional drains, drop inlets, bridges and other accessory structures
and improvements. Provisions shall be made to prevent any floodwater
from backing up into said stormwater drainage system. Any natural
drainage areas shall be improved where needed to accommodate the additional
water flow. Detention basins shall be adequately maintained and owned
by the developer and/or subdivision trustees. The use of regional
detention/retention basins to serve multiple developments, where appropriate,
is strongly encouraged.
[Ord. No. 1266, 2-11-2019]
H.
Erosion Control Plan. An erosion control plan identifying
specific control methods to be used during site development. The plan
shall also include procedures to be implemented to prevent unacceptable
levels of soil, rock and gravel being deposited on existing public
streets and/or property via construction traffic.
I.
Water Lines.
1.
The developer shall install water lines and fire hydrants to a type
approved by the City of a sufficient size to provide proper water
pressure and volume for fire protection based upon the supply of water
required by future expansion and development of the subdivision.
2.
Where a public water supply is reasonably accessible, the subdivider
shall connect to such water main and provide a water connection for
each lot of a type and size approved by the City.
3.
Where a public water supply is not reasonably accessible, the subdivider
shall place on file with the Board of Aldermen a petition for future
installation of the necessary mains and, if required, post a bond
to guarantee the installation of said main and appurtenance when it
is available.
4.
The subdivision shall be provided with a complete loop-type water
distribution system adequate to serve the area being platted including
a connection for each lot and appropriately spaced fire hydrants meeting
the requirements of the City's Building Code and the appropriate fire
protection district.
J.
Sanitary Sewers.
1.
The developer shall provide each lot with a State-approved system
for the disposal of sewage.
2.
All sewer lines shall be of sufficient size to provide adequate sewage
disposal, taking into consideration all future expansion of said subdivision.
Such system and all connections shall comply with the regulations
of the Missouri Department of Natural Resources and Missouri Clean
Water Commission.
3.
Where an approved and adequate public or private sanitary sewer system
is within one thousand (1,000) feet of the proposed subdivision, the
developer shall connect with such system and provide adequate sewer
line to each lot.
4.
If no approved and adequate sewer system is reasonably accessible,
the subdivider shall petition the Board of Aldermen for future installation
of sanitary sewer system and, if required, post a bond to guarantee
the installation of said sewer system when available.
5.
If a privately owned and operated sewage treatment facility is proposed,
it shall be approved by the State agencies having jurisdiction and
shall be designed and operated to produce zero effluent.
K.
Street Lighting. Street lighting shall be provided by the
subdivider to give adequate light. All lights shall be low- or high-pressure
sodium or its equivalent, of at least six thousand eight hundred (6,800)
lumens with a spacing of not greater than three hundred (300) feet
between light standards.
L.
Street Name Signs. Permanent street name signs meeting current
City standards shall be placed at each intersection or a fee to cover
the cost of such a sign shall be paid to the City to cover the cost
of installation of said signs.
M.
Underground Utilities. All utilities shall be placed underground
unless approval to the contrary is given by the Board of Aldermen.
N.
Inspection. All improvements shall be inspected by the City
from time to time during the various construction phases. Any deviations
from plans must be approved in writing by the City Engineer.
O.
Maintenance. The subdivider shall not be relieved of his/her
obligation to maintain said minimum improvements until the same are
accepted by the Board of Aldermen in writing.
P.
Plans And Specifications. All plans and specifications for
minimum improvements shall be prepared by and under the seal of a
registered professional engineer.
Q.
Gas. Each lot within the subdivided area shall be provided
with a connection to the City gas system, if reasonably available.
All connections shall comply with applicable regulations. A map of
the proposed gas layout shall be submitted to the City prior to obtaining
a construction permit.
R.
Adjacent Streets. If the developer is required to build
a street using current City specifications that has adjacent property
owners, the developer and the adjacent property owners shall participate
in the construction of said street.
[Ord. No. 1276, 5-13-2019]
[Ord. No. 918 §2, 5-1-2008]
A.
Construction Permits. A construction permit will be required
for facilities which are to be dedicated to the City or for which
the City must assume the ultimate responsibility of maintenance, namely:
B.
Excavation Permits. An excavation permit is required for
all excavations in new developments as well as previously developed
areas of the City. These permits may be applied for at City Hall.
C.
Site Development Permits. A site development permit shall
be required for any property developed in the City of New Haven. The
site development permit shall be applied for at City Hall. At the
time of permit issuance, a fee shall be paid to the City of New Haven
according to the established fee schedule.
[Ord. No. 918 §2, 5-1-2008]
A.
The
street layout of the subdivision shall be in general conformity with
a plan for the most advantageous and aesthetically pleasing development
of the entire neighborhood, including adjoining areas. Where appropriate
to the design, proposed streets shall be continuous and in alignment
with existing, planned or platted streets with which they are to connect.
1.
Dead-end streets. Dead-end streets of reasonable
length (normally not over five hundred (500) feet) may be approved
with a cul-de-sac where necessitated by topography or where, in the
opinion of the Commission, they are appropriate for the type of development
contemplated.
2.
Intersecting streets. Proposed streets shall intersect
one another as nearly at right angles as topography and other limiting
factors of good design permit. Four-way intersections shall be used
for minor interior street wherever practicable and not in conflict
with other applicable design principles and standards. Street jogs
with centerline offsets of less than one hundred twenty-five (125)
feet shall be avoided.
3.
Half-width street. Wherever there abuts the tract
to be subdivided a dedicated or platted and recorded half-width street
or alley, the other half-width of such street or alley shall be platted
such that the ultimate right-of-way conforms to the minimum standards
included herein.
4.
Block widths. Blocks shall have sufficient width
to provide for two (2) tiers of lots of appropriate depth, except
in the case of reversed frontages.
5.
Block length. The length of blocks shall be such
as may be appropriate, in the opinion of the Planning and Zoning Commission,
for the locality and the type of development contemplated, but shall
generally not exceed one thousand two hundred (1,200) feet.
6.
Access.
a.
Each lot shall be provided with access to a public street or highway
to assure convenient ingress and egress to and from such lot and to
provide adequately for the layout of utilities, garbage and waste
removal, fire and Police protection and other services and to protect
and further the public health and safety generally.
b.
Commercial and industrial developments shall not be directly accessed
via a street from areas zoned "R-1a", "R-1b", "R-1c", "R-2", "R-3"
or "M", unless special circumstances exist as may be determined by
the City Engineer.
7.
Curb cuts. The location of all curb cuts, driveways,
entrances or other street access points within City rights-of-way
shall be as reviewed and approved by the City Engineer. Proposed curb
cuts, driveways, entrances or other street access points shall be
indicated on a site development plan or plot plan. The fee for curb
cuts, driveways, entrances or other street access points review shall
be paid to the City of New Haven according to the established fee
schedule.
8.
Street cuts. When multiple street cuts are required,
the developer shall be responsible for a complete street mill and
overlay of the street.
[Ord. No. 1266, 2-11-2019]
[Ord. No. 918 §2, 5-1-2008]
A.
All
roadway and streets shall be constructed as follows:
[Ord. No. 1266, 2-11-2019]
|
Street Classifications
|
Asphalt With Aggregate Base
|
Concrete with Aggregate Base
|
Optional Staged Construction
|
|---|---|---|---|
|
Alley
|
2" surface asphalt
2" base asphalt
4" aggregate
|
6" concrete
4" aggregate
|
N/A
|
|
Minor street
|
2" surface asphalt
2" base asphalt
4 inches of 1" minus stone
4 inches of 2" minus stone
|
6" concrete
4" aggregate
|
2" surface asphalt (staged)
3" base asphalt (staged)
4 inches of 1" minus stone
4 inches of 2" minus stone
|
|
Secondary thoroughfare
|
2" surface asphalt
3" base asphalt
4 inches of 1" minus stone
4 inches of 2" minus stone
|
6.5" concrete
4" aggregate
|
N/A
|
|
Thoroughfare
|
2" surface asphalt
4" base asphalt
4 inches of 1" minus stone
4 inches of 2" minus stone
|
7" concrete
4" aggregate
|
N/A
|
|
Cul-de-sac
|
N/A
|
7" concrete
4" aggregate
|
N/A
|
B.
General.
1.
A minor street is not designated as a "secondary thoroughfare" or
"thoroughfare", per the Comprehensive Plan.
2.
The secondary thoroughfares and thoroughfares are designated in the
Comprehensive Plan.
3.
The most recent traffic count information shall also be utilized
in the classification of a street.
4.
The Board of Aldermen may adjust pavement thickness as necessary
to accommodate a particular situation. Example situations may include
construction staging for budget reasons or a new residential street
that will be subjected to minimal construction traffic.
C.
Pavement Base.
1.
Pavement requirements indicated herein are minimum thicknesses based
on soils having a minimum California Bearing Ratio of 3.0. If it is
determined that poorer soils exist, pavement depths must be adjusted
as necessary.
2.
Subgrade soil shall be compacted to a minimum of ninety percent (90%)
per the modified Proctor Test, ASTM Method D1557 for the top twelve
(12) inches. Compaction shall be ninety percent (90%) for all fill
areas below the top twelve (12) inches.
3.
Aggregate base shall be compacted at optimum moisture, plus or minus
one and one-half (1.5) percentage points, to achieve a minimum density
of ninety percent (90%) of maximum laboratory density, per ASTM D1557.
4.
Aggregate to be Missouri Highway and Transportation Department (MHTD)
Type 5 or other approved type with a maximum of fifteen percent (15%)
passing the No. 200 sieve.
5.
Transverse underdrains shall be installed under pavement at all inlets
as designated by the City Engineer. See Figure "A" at the end of this
Section for the Transverse Pavement Underdrain detail.
E.
Concrete.
1.
Concrete shall be six (6) bag cement mix and develop four thousand
(4,000) psi strength in twenty-eight (28) days.
2.
Concrete streets to comply with joint and dowel bar requirements
of St. Louis County.
3.
A concrete swale shall be provided at all street intersections that
channel stormwater runoff.
F.
Staged Construction Option.
1.
The surface asphalt shall not be applied until eighty percent (80%)
of the subdivision lots are developed or as approved by the Board
of Aldermen.
2.
All deteriorated pavement shall be repaired to the satisfaction of
the City Engineer, before the surface asphalt is applied.
3.
Financial assurance shall be provided for the final asphalt work
before final plat approval, per City Code.
G.
Inspection And Testing.
1.
All street work performed shall be subject to inspection by City
of New Haven or by agents or contractors retained by the City.
2.
Inspections shall be performed as may be appropriate. All phases
of pavement construction shall be inspected. No construction may begin
on any phase until the City has been properly notified. The contractor
or developer's representative shall give a minimum twenty-four (24)
hour notice of proposed work to take place.
3.
The developer shall have the responsibility to procure the services
of a testing laboratory that must be approved by the City.
a.
Soil compaction.
(1)
All soil compaction requirements, as stated herein, shall be
verified by said laboratory concurrent with grading and backfilling
operations.
(2)
The number of tests for each layer or lift of fill should be
as determined by the testing laboratory.
(3)
The pavement subgrade shall be tested, as a minimum, each one
hundred (100) linear feet.
b.
Concrete.
(1)
For concrete pavement, three (3) concrete test cylinders shall
be obtained for each seven hundred fifty (750) square yards or less
of pavement. For each test series, test one (1) cylinder at seven
(7) days and one (1) cylinder at twenty-eight (28) days; the remaining
cylinder shall be a spare.
(2)
Test the slump of concrete periodically and during making of
concrete test cylinders.
(3)
Determine air content at least twice a day during progress of
work and during making of concrete test cylinders. The testing methods
and acceptance criteria shall be per the latest edition of the Missouri
Standard Specifications for Highway Construction.
c.
Asphalt.
(1)
A job mix formula shall be submitted for approval by the City
Engineer. Compaction testing shall be performed at the time of placement.
The testing methods and acceptance criteria shall be per the latest
edition of the Missouri Standard Specifications for Highway Construction.
d.
Reports.
(1)
The test laboratory shall submit a written report to the City
that verifies all grading operations have been performed per City
specifications.
(2)
A written report, indicating the results of the pavement tests,
shall be submitted to the City.
(3)
The testing laboratory is to give verbal notification to the
City immediately of any unsatisfactory test results.
(4)
Any damage of existing pavement during construction phase must
be replaced prior to acceptance of the subdivision by the City of
New Haven.
H.
Maintenance And Security For Improvements. The subdivider
shall not be relieved of his/her obligation to maintain said minimum
improvements until the same are accepted by the Board of Aldermen
in writing; provided however, that upon acceptance of said minimum
improvements by the Board of Aldermen, the subdivider shall be required
to execute a maintenance bond, post a letter of credit or deposit
cash pursuant to an escrow agreement with the City to ensure that
all minimum improvements are installed properly and that such construction
has been performed in a workmanlike manner. The subdivider agrees
with the Board of Aldermen upon an assessment whereby the City is
put in an assured position to maintain the improvements at the costs
to the owners of property within the subdivision or a maintenance
bond, letter of credit or cash escrow agreement shall provide that
if within two (2) years from the date of acceptance of said minimum
improvements by the Board of Aldermen said minimum improvements shall
disclose poor workmanship in the execution of said work or it shall
appear that defective materials were utilized therein, then said assessment,
maintenance bond, letter of credit or cash escrow agreement shall
remain in full force and effective, otherwise to be void. The maintenance
bond, letter of credit or cash escrow agreement as required herein
shall be in the amount of twenty percent (20%) of the estimated cost
of improvements as determined by the City Engineer. The form and legality
of the assessment agreed upon between the City and subdivider or maintenance
bond, letter of credit or cash escrow agreement shall be approved
by the City Attorney prior to acceptance thereof.
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FIGURE A TRANSVERSE PAVEMENT UNDERDRAIN
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[Ord. No. 918 §2, 5-1-2008]
A.
Generally. All streets constructed in and along subdivisions
shall be rigid pavement constructed in accordance with the City of
New Haven standards contained herein.
B.
Alleys. Alleys, where platted, shall have a minimum width
of twenty (20) feet.
C.
Deviations. Deviations from the standards may be warranted.
All requests which result in a decrease in pavement requirements must
be presented to the City Engineer in writing for consideration and
subsequent approval or denial by the City Engineer before consideration
by the Planning and Zoning Commission.
D.
All
developers/builders shall be responsible for the repair of newly constructed
City streets under all classifications of same regardless of type
of pavement used and constructed under the above criteria as set forth
herein for a period of time not to exceed twenty-four (24) calendar
months, beginning on the first (1st) day upon completion of the subdivision.
[Ord. No. 1444, 6-12-2023]
E.
Traffic
shall be prohibited from traveling on newly constructed concrete streets
for a minimum of seven (7) days following construction.
F.
Backfilling
of curbs shall be completed within ten (10) days after completion
of initial construction of streets.
G.
The
City Engineer is authorized to promulgate rules and regulations, design
criteria and standard specifications not inconsistent with the street
standards herein contained.
H.
Temporary Turnaround.
[Ord. No. 918 §2, 5-1-2008]
Utility easements, where required, shall be a minimum of ten
(10) feet wide (five (5) feet on each side of the lot line) along
rear, front and side lot lines. Easements of adequate width shall
be provided for open drainage channels, where required. Easements
five (5) feet in width may be allowed for underground cable installations.
[Ord. No. 918 §2, 5-1-2008]
A.
The
size, shape and orientation of lots shall be appropriate for the location
and physical character of the proposed subdivision and for the type
of development contemplated in compliance with the applicable zoning
ordinance or regulations.
1.
Depth. Excessive depth in relation to width shall
be avoided. (A proportion of 1 to 1 and 2 to 1 will normally be considered
appropriate, except in the case of narrow lots.)
2.
Street access. Every lot shall abut onto a street
unless approved by the Planning and Zoning Commission and Board of
Aldermen.
3.
Width. Lots of residential purposes shall have sufficient
width at the building setback lines to permit compliance with side
yard or distance requirements of the applicable zoning ordinance or
regulations and still be adequate for a building or practicable width.
4.
Double frontage. Except as otherwise provided herein,
double frontage lots and reversed frontage lots shall be avoided.
5.
Side lot lines. Where practicable, side lot lines
shall be approximately at right angles to the right-of-way line of
the street on which the lot faces.
6.
Corner lots. Corner lots for residential use shall
be platted wider than interior lots to permit compliance with the
yard and setback requirements for the applicable zoning ordinance.
7.
Minimum lot size. Where not otherwise determined
by applicable zoning ordinance or regulations, the minimum lot size
for residential purposes shall be six thousand (6,000) square feet
with a minimum frontage of fifty (50) feet, a minimum side yard of
six (6) feet on each side, a rear yard of twenty (20) feet (except
for accessory structures) and a front yard of twenty-five (25) feet.
8.
No utilities. Where public sanitary facilities and/or
water are not accessible, the lot size shall be determined in accordance
with other requirements of this Article.
9.
Pipeline setback. All lot lines depicted on plats
for residentially zoned districts shall be a minimum of twenty-five
(25) feet from the nearest existing gas pipeline and/or hazardous
liquid pipeline, as built, measured parallel to and from the center
of such pipeline.
[Ord. No. 918 §2, 5-1-2008]
A.
Resubdivision — Revision Of Lot Lines With A Plat Previously
Approved And Recorded. In the case of a proposed revision of lot(s) line(s) within a plat previously recorded, an amended final plat showing said proposed revised lot(s) line(s) shall be presented to the City and shall follow the same procedures set forth in Chapter 410 "Land Subdivision Regulations".
B.
Lot Split. When a lot which is contained on a record plat
which has been approved by the City of New Haven and duly recorded
at the Franklin County Recorder's office, a proposed lot split of
said recorded lot which lot split does not change any of the external
lines of said recorded lot shall be presented to the Administrative
Officer for review and if he/she is satisfied that such proposed lot
split is not contrary to applicable regulations, shall within twenty
(20) days after the plan was presented approve such lot split. The
Administrative Officer may require the submission of a sketch, plat,
record of survey and such other information as he/she may deem pertinent
to its determination hereunder. This provision shall apply only to
lots upon which a structure has been erected.
C.
Modification — Undue Hardship. In any particular case
where the developer can show by plan and written statement that, by
reason of exceptional topographic or other physical conditions, literal
compliance with any requirement of these regulations would cause practical
difficulty or exceptional and undue hardship, the Board of Adjustment
may modify such requirement to the extent deemed just and proper,
so as to relieve such difficulty or hardship; provided such relief
may be granted without detriment to the public interest and without
impairing the intent and purpose of these regulations of the desirable
general development or welfare of the neighborhood and the community
in accordance with the Comprehensive Plan and the zoning ordinance.
[Ord. No. 918 §2, 5-1-2008]
A.
Purpose. To provide a procedure whereby the construction
of a display house or multiple-family display unit can begin prior
to the recording of the record subdivision plat.
B.
Procedure. After receiving approval of a preliminary plat
of a proposed subdivision from the Planning and Zoning Commission,
the developer may submit a display plat to the Board of Aldermen for
review and approval. There may be two (2) display houses or units
for subdivisions proposing less than ten (10) lots or units. Developments
containing at least ten (10) lots or units and not more than sixty
(60) lots or units proposed shall be allowed three (3) display houses.
For developments containing greater than sixty (60) lots or units,
one (1) additional display house or unit for every twenty (20) houses
or units proposed beyond sixty (60) will be permitted, not to exceed
ten (10) display house or units.
C.
Display Plat. The display plat shall include a complete
outboundary survey of the proposed subdivision and the location of
each display unit in relation to proposed lots. The plat shall comply
with the requirements of the City Engineer including, but not limited
to, the following:
1.
The display plat shall be filed with the Board of Aldermen and the
City Engineer for review and approval. The established fee, payable
to the City of New Haven shall be submitted with the display plat.
A copy of the approved display plat shall be forwarded to the City
Clerk's office for filing.
2.
The display plat shall become null and void upon the recording of
a record plat which establishes that each display is on an approved
lot.
3.
No part of the proposed subdivision may be conveyed, nor an occupancy
permit issued, for any structure therein until the display house or
units have been located on an approved lot.
4.
If initial construction of a display has not commenced within sixty
(60) days, the approval shall lapse and the display plat shall be
null and void.
5.
Display lots should be on an approved lot of record within one (1)
year of the display plat's approval or such longer periods as may
be permitted by the Board of Aldermen. If the record plat is not filed,
the then owner shall remove or cause to be removed all display houses
or units from the property. Failure of owner to remove the display
houses or units from the property within one (1) year plus thirty
(30) days of date of approval shall constitute the granting of authority
of the City of New Haven to remove or cause the display houses or
units to be removed, the cost of which shall be borne by the owner
and shall become a lien against the property.
D.
Condominium Plat. Upon approval of the development plan
for a proposed condominium project and after recording the record
plat or easement and right-of-way dedication plat, the developer may
obtain approval of individual units consistent with the site development
plan. The condominium plat shall be consistent with all applicable
State regulations. Plats for individual units shall be signed by the
City Clerk and City Engineer for the City of New Haven.
[Ord. No. 918 §2, 5-1-2008]
A.
Purpose. To allow adjustments to be made to lot lines of
platted lots or other lawful parcels for the purpose of adjusting
the sizes of building sites; however, it is not intended that extensive
replatting be accomplished by use of this Section.
C.
Procedure.
1.
A boundary adjustment may be accomplished by plat or by deed, but
must include an adequate legal description of the boundaries of the
original lots and of the adjusted lots.
2.
The boundary adjustment plat or deed shall be submitted to the Administrative
Officer for review prior to its recording with the Recorder of Deeds
of Franklin County.
D.
Lots In Non-Compliance. Boundary adjustments shall be allowed
for lawful lots existing in non-compliance with minimum area, frontage
and dimensional requirements of these regulations of the Zoning Code
and Subdivision Regulations, provided that the resulting adjustment
of lot lines does not increase the degree of non-compliance with the
Zoning Code and these regulations.
[Ord. No. 918 §2, 5-1-2008]
A.
The
final plat on reproducible mylar and seven (7) prints thereof, together
with copies of any deed restrictions where such restrictions are too
lengthy to be shown on the plat, shall be submitted to the Planning
and Zoning Commission along with an applicable fee to cover the costs
of review of the plat. The final plat is to be drawn at a scale of
not more than one hundred (100) feet to the inch from an accurate
survey and on one (1) or more sheets whose maximum dimensions are
twenty-four (24) inches by thirty-six (36) inches. If more than two
(2) sheets are required, an index sheet of the same dimensions shall
be filed showing the entire subdivision on one (1) sheet and the areas
shown on other sheets.
B.
The
final plat shall show:
1.
The boundary lines of the area being subdivided with accurate distances
and bearings.
2.
The lines of all proposed streets and alleys with their widths and
names.
3.
The accurate outline of any portions of the property intended to
be dedicated or granted for public use.
4.
The line of departure of one street from another.
5.
The lines of all adjoining property and the lines of adjoining streets
and alleys with their widths and names.
6.
All lot lines together with an identification system for all lots
and blocks.
7.
The location of all building lines and easements provided for public
use, services or utilities.
8.
All dimensions, both linear and angular, necessary for locating the
boundaries of the subdivision, lots, streets, alleys, easements and
any other areas for public or private use. Linear dimensions are to
be given to the nearest one one-hundredths (0.01) of a foot.
9.
The radii, arcs, chords, points of tangency and central angles for
all curvilinear streets and radii for rounded corners.
10.
The location, type and size of all survey monuments and bench marks
together with their descriptions.
11.
The name of the subdivision, a small sketch showing its general location
and the scale of the plat, points of the compass and name of owner
or owners or subdivider.
12.
The certificate of the surveyor attesting to the accuracy of the
survey and the correct location of all monuments shown.
13.
Subdivision restrictions and trusteeships and their periods of existence.
Should these restrictions or trusteeships be of such length as to
make their lettering on the plat impracticable and thus necessitate
the preparation of a separate instrument, reference to such instrument
shall be made on the plat.
14.
Acknowledgment of the owner or owners to the plat and restrictions,
including dedication to public use of all streets, alleys, parks or
other open spaces shown thereon and the granting of easements required.
15.
Certificates of approval for endorsement by the Board of Aldermen.
16.
Approval or disapproval of final plat.
a.
The developer shall submit the final plat of the proposed subdivision
which shall conform to the requirements as established within these
subdivision regulations at least fifteen (15) working days prior to
the regular meeting of the Planning and Zoning Commission at which
the action is desired.
b.
Within sixty (60) days after the submission of a plat to the Commission,
the Commission shall recommend approval or disapproval of the plat,
unless the developer agrees in writing to an extension of this time
period; otherwise, the plat is deemed approved by the Commission.
c.
The Planning and Zoning Commission shall forward the Board of Aldermen
the Commission's recommendations pertaining to the proposed final
plat. All plats shall be acted on by the Planning and Zoning Commission
within sixty (60) days of plat submittal to the City.
d.
The Board of Aldermen shall, upon the receipt of the recommendations
by the Planning and Zoning Commission, approve or disapprove the proposed
final plat.
e.
Tracts and platted lots contained in previously approved record plats,
where some activity toward ultimate development has occurred in accordance
with the zoning and subdivision regulations which were in effect at
the time of approval of said plat by the City and for which the City
has issued a permit, may be developed as previously approved.
17.
Tax paid certificate. Each plat requires a certification
issued by the authorized City and County Officials to the effect that
there are no unpaid taxes due and payable at the time of plat approval
and no unpaid special assessments, whether or not due and payable
at the time of plat approval, on any of the lands included in the
plat and that all outstanding taxes and special assessments have been
paid on the property dedicated to public use.
18.
If a record plat does not include all property in an approved preliminary
plat or all remaining property where previous record plats of a portion
of a subdivision have been recorded:
a.
In a residential subdivision, no property may be omitted if a resulting
tract is less than ten (10) acres in area or any resulting side of
an omitted tract is less than three hundred (300) feet in length,
unless such a side is the original boundary of the original legally
existing tract. Until subdivided, such omitted tract is a developable
lot on which no more than one (1) residence may be constructed; or
b.
In a non-residential subdivision, omitted property is not developable
and does not constitute a lot of record for any purpose under the
Zoning Code until included in a record plat.
c.
After the final plat has been recommended for approval by the Commission,
it shall be submitted to the Board of Aldermen for its approval or
disapproval.
19.
Two (2) copies of "as-built" plans for all constructed improvements
shall be submitted to the City along with the submission of the final
plat or after the improvements have been accepted by the City.
[Ord. No. 918 §2, 5-1-2008]
The subdivision layout shall conform to the official major street
plan or other elements of the Comprehensive Plan. Whenever a tract
to be subdivided embraces any part of a highway, thoroughfare or other
major or collector street so designated on said major street plan,
such part of such public way shall be platted by the developer in
the location and at the width indicated in the plan.
[Ord. No. 918 §2, 5-1-2008]
Whenever the application of the requirements contained in these
regulations would result in real difficulties or substantial hardship
or injustice, the Board of Adjustment may vary or modify such requirements
so that the subdivider may develop his/her property in a reasonable
manner, but so that at the same time the public welfare and interest
of the City are protected and the general intent and spirit of these
regulations preserved.
[Ord. No. 918 §2, 5-1-2008]
A.
Prior
to starting any of the work, the developer shall make arrangements
with the City Clerk to provide for inspection of the work sufficient,
in the opinion of the City Engineer or his/her designee, to assure
compliance with the plans and specifications as approved. A minimum
of forty-eight (48) hours' notice shall be given for each phase of
work (sanitary sewer construction or street construction). Fees for
the appropriate initial inspections are covered in the cost of the
site development permit.
B.
Supplemental Inspection. In addition to the required inspections
heretofore specified, the City Engineer or his/her designee may make
or cause to be made other inspections which, in his/her judgment,
are reasonably necessary due to unusual construction or circumstances.
The City Engineer or his/her designee shall have the authority to
inspect any construction work in order to ascertain whether compliance
with City Codes and specifications are being met and in order that
he/she may properly enforce the rules promulgated by this Code. The
inspections may include, but are not limited to, all other phases
of construction. A fee may be assessed for each additional inspection.
C.
Extra Inspection. If by judgment of the City Engineer or
his/her designee an inspection requested is not ready or accessible
for inspection or in the judgment of the City Engineer or his/her
designee the applicant has caused the City extra inspections other
than the typical required, a fee may be assessed for each additional
inspection or reinspection.
[Ord. No. 918 §2, 5-1-2008]
The construction of all improvements required by these rules
and regulations shall be completed within two (2) years from the date
of approval of the final plat by the Planning and Zoning Commission
unless good cause can be shown for the granting of an extension of
time by authority of the Commission.
[Ord. No. 918 §2, 5-1-2008]
A corrected reproducible print of "as-built" plans of all items
dedicated to the City including, but not limited to, sanitary sewers,
storm sewers, water distribution lines and any significant modification
of streets shall be submitted to the City upon completion of these
facilities prior to formal acceptance of any instrument of dedication
of these improvements for maintenance by the City of New Haven. These
plans shall be prepared by a qualified registered professional engineer.
A copy of the recorded record plat shall also be filed with the City.
Sanitary sewer lateral data, as constructed, shall be supplied to
the City Engineer. For all improvement plans, as-built plans prepared
using computer assistance, a digital copy of such information shall
be submitted in a "Microstation DGN" or other computer readable format
approved by the City Engineer.
[Ord. No. 918 §2, 5-1-2008]
Where the subdivision contains sewers, sewage treatment plants,
water supply systems, stormwater management facilities or other physical
facilities that are necessary or desirable for the welfare of the
area or that are of common use or benefit and which are not or cannot
be satisfactorily maintained by an existing public agency, provision
shall be made, which is acceptable to the agency having jurisdiction
over the location and maintenance of such facilities, for the proper
and continuous operation, maintenance and supervision of such facilities.
[1]
Editor's Note: Former Section 410.250, Subdivision Governance
of Residential Subdivisions — Required, was repealed 6-12-2023
by Ord. No. 1443. Prior history includes: Ord. No. 918.
[Ord. No. 918 §2, 5-1-2008]
Whoever, being the owner or agent of the owner of any land located
within the City of New Haven, knowingly or with intent to defraud
transfers or sells by reference to or exhibition of or by other use
of a plat of subdivision of such land before such plat has been approved
by the Board of Aldermen shall forfeit and pay the penalty of not
more than one hundred dollars ($100.00) for each lot so transferred
or sold or agreed or negotiated to be sold and a description by metes
and bounds shall not exempt the transaction from such penalties. A
contract of sale requiring conformity with this Chapter may be entered
into.
[Ord. No. 918 §2, 5-1-2008]
Any regulations or provisions of this Chapter may be changed
and amended from time to time by the Board of Aldermen, provided however,
that such changes or amendments shall not become effective until after
a study and report by the Planning and Zoning Commission and until
after a public hearing has been held, public notice of which shall
have been given in a newspaper of general circulation at least fifteen
(15) days prior to such hearing.
[Ord. No. 918 §2, 5-1-2008]
The provisions of this Chapter are declared to be severable
and if any Section, sentence, clause or phrase of this Chapter shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining Sections, sentences,
clauses and phrases of this Chapter but that they shall remain in
effect.
