[Ord. No. 10.002 Art. 1, 9-12-1988]
A.
No
land shall be subdivided without complying with the provisions of
this Chapter.
B.
No
lot, tract or parcel of land within any such subdivision shall be
offered for sale nor shall any sale, contract for sale or option be
given until such subdivision plans have been properly reviewed and
officially approved by the Planning and Zoning Commission.
C.
No
divisions and allocation of land for the location and expansion of
both proposed and existing mobile home trailer park subdivisions,
including the following:
1.
The establishment or expansion of an existing mobile home park subdivision,
2.
Use of any mobile home as temporary living or office space while
a building or structure is under construction,
3.
Visiting mobile home, when used as living quarters, for a period
of more than two (2) days
|
|
shall be permitted, hereafter, until such time as the plats
for the subdivision as well as the plans for the improvements have
been properly reviewed by the Administrative Officer and Planning
and Zoning Commission.
|
D.
No
improvements, such as sidewalks, water supply, stormwater drainage,
sewerage facilities, gas service, electric service or lighting or
grading, paving or surfacing of any street, shall be made within such
subdivision by any owner or owners or his/her or their agent or by
any public service corporation at the request of such owner or owners
or by his/her or their agent until the plats for the subdivision and
also the plans for the improvements have been properly reviewed by
the Administrative Officer and officially approved by the Planning
and Zoning Commission.
E.
Where
a tract of land is proposed to be subdivided in several stages over
a period of years and the subdivider requests approval in parts, he/she
shall, at the time of submission of the first (1st) part, submit a
detailed plan of the entire tract to be eventually developed, with
appropriate sectioning to demonstrate to the Planning and Zoning Commission
that the total design as proposed for the entire subdivision is acceptable
under the terms of these ordinances. The Planning and Zoning Commission
may give preliminary approval to the over-all plan and final approval
on the parts as submitted from time to time.
Any subdivision of a parcel of land for purposes other than
agricultural use should be reviewed by the Planning and Zoning Commission
and a determination made whether such division is in accordance with
the Comprehensive Plan.
In addition, no land shall be subdivided for residential use
if such land is considered by the Planning and Zoning Commission,
based upon the criteria of the Missouri Water Resources Board and
the Missouri Geological Survey and Water Resources, to be unsuitable
for such use by reason of flooding or improper drainage, objectionable
earth and rock formations, topography or any other feature harmful
to the health and safety of future residents and the community as
a whole.
F.
The
provisions of this Chapter shall be held to be the minimum requirements
necessary in the subdivision of land.
G.
Administrative
plats are routine requests for lot line adjustments, lot splits, lot
combinations or small land divisions that do not alter development
patterns or impact public services.
[Ord. No. 9.111, 5-13-2019]
[Ord. No. 10.002 Art. 2, 9-12-1988]
As used in these regulations, the following words shall have
the meanings and references given, unless the context clearly indicates
otherwise:
The officer designated and authorized by the Board of Aldermen
to administer and enforce the subdivision regulations.
A permanent public service way or right-of-way, dedicated
to public use, other than a street, place, road, cross walk or easement,
designed to provide a secondary means of access for the special accommodation
of abutting property.
A unit of property entirely surrounded by public highways,
streets, railroad rights-of-way, waterways or other barriers or combination
thereof.
A permit issued by the Administrative Officer granting a
person the right to erect or alter a building subject to that person's
meeting all of the requirements of all the codes and ordinances of
the City of Weston, Missouri.
The line nearest the front or side of and across a lot establishing
the minimum yard to be provided between the principal building or
structure and the lot line.
A certificate signed by the Administrative Officer stating
that the occupancy and use of land or a building or structure referred
to therein complies with all codes and ordinances of the City of Weston,
Missouri.
The complete plan or any of its parts prepared by the Commission
and adopted by the Governing Body in accordance with the authority
conferred by Chapter 89, RSMo.
A strip of land dedicated to public use, which is reserved
across a block to provide pedestrian access to adjacent areas.
A short street having one (1) end open to traffic and being
permanently terminated by a vehicle turnaround.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A grant by the property owner of the use of a strip of land
by the public or a person for specified purposes.
The City Engineer of the City of Weston.
The final map of all or a portion of the subdivision which
is presented to the Commission for final approval in accordance with
these ordinances and which, if approved, shall be filed with the proper
County Recording Officer.
Any area whose average cross slope is twenty percent (20%)
or greater.
The jurisdictional area to which the ordinances apply.
A portion of a subdivision or other parcel of land intended
as a unit for transfer of ownership or development.
The division of land in the City of a minor nature when split
results in not more than two (2) lots.
[Ord. No. 9.111, 5-13-2019]
Any security acceptable to the jurisdiction which could insure
the maintenance of any facility planned to be accepted for municipal
maintenance covering the time period from construction or cutoff date
of the performance guarantee until the facility is scheduled to be
formally accepted by the jurisdiction.
A recordable document that adjusts boundaries between existing
lots, or divides property ownership of land that is zoned in accordance
with City of Weston zoning district regulations.
[Ord. No. 9.111, 5-13-2019]
Any vehicle or mobile structure more than thirty (30) feet
long, on wheels, skids, rollers or blocks, designed to be pulled,
pushed or carried by a motor vehicle on a highway and designed for
living as a dwelling unit, complete and ready for occupancy as such
except for minor and incidental packing and assembly operations, location
on permanent foundations, connections to utilities and the like.
An area of land divided into two (2) or more lots or foundation
parking slabs platted and laid out to provide sites for mobile homes
permanently affixed to the land. The subdivision area shall include
any building or structure, fixture or equipment that is used or intended
to be used in connection with providing that accommodation, including
provisions for sewer, water, electric and any other similar facilities
required to permit occupancy of such mobile homes parked thereon. "Mobile home trailer park subdivision" shall also be known
as "subdivision" defined in this Chapter.
Any security which may be acceptable in lieu of a requirement
that certain improvements be made before the Commission approves a
final plat, including performance bonds, escrow agreements and other
similar collateral or surety agreements.
A mobile home shall be deemed to be permanently affixed to
the land when, in accordance with its owner's intent, its wheels,
skids, rollers or other transporting devices have been removed and
it has been so placed upon a lot possessing a compacted gravel or
concrete slab foundation to support the home in order to make it immobile
and stationary.
A corporation, firm, partnership, association, organization
or any other group acting as a unit, as well as a natural person.
An open, unoccupied, officially designated space, other than
a street or alley, permanently reserved as the principal means of
access to abutting property.
The drawings and documents described in Section 410.040(A) indicating the proposed layout of the subdivision which is submitted to the Planning and Zoning Commission for consideration and tentative approval.
A right-of-way, other than an alley, dedicated or otherwise
legally established to the public use, usually affording the principal
means of access to abutting property. A street may be designated as
a highway, thoroughfare, route, parkway, boulevard, road, avenue,
land, drive or other appropriate name. The major highways, arterial
routes, recommended geometric design standards for the several street
types, and collector streets are designated on the Comprehensive Plan
for Weston, Missouri. For the purpose of this Chapter, streets shall
be classified as follows:
Major highways. This type of facility serves
mainly to carry the major flow of through traffic; Missouri and U.S.
marked routes, as well as important County roads and important intra-City
streets, are considered under this classification. Where a highway
is a non-limited access route, these facilities also perform a secondary
function of providing direct access to abutting land and thus interconnect
principal traffic generators.
Arterial routes. These facilities serve to
accommodate crosstown traffic, to interrelate principal activity centers
within the community and to interconnect the City street network with
the major highway system. In addition, arterial routes provide access
to abutting land whether commercial, industrial or residential.
Collector streets. These facilities serve intra-City
movements of traffic, such as that moving between a subdivision and
arterial streets. The principal difference between the collector street
and streets or highways of higher classification is the length of
trip each principally serves. They are intended to supply the abutting
property with the same degree of land service as a residential access
street, while at the same time serving larger volumes of traffic.
Residential access streets. The sole function
of these streets is to provide access to the immediately adjacent
residential property. Residential access streets are intended to carry
low volumes of traffic with the bulk of this traffic consisting of
local resident and visitor vehicles, as well as a limited number of
service vehicles.
Business access streets. These streets provide
direct access to business and office establishments within the central
business district and within highway commercial districts.
Industrial access streets. These streets provide
direct access to industrial and wholesale establishments and are intended
to carry heavy truck traffic and employee traffic, both at relatively
low speeds.
Any person responsibly engaged in developing or improving
a tract of land which complies with the definition of a "subdivision" as defined in this Section.
The division of any parcel of land shown as a unit, as part
of a unit or as contiguous units on the last preceding transfer of
ownership thereof into two (2) or more parcels, sites or lots, any
one (1) of which is less than five (5) acres in area, for the purpose,
whether immediate or future, of transfer of ownership, except, however,
that the division or partition of land into parcels of more than five
(5) acres not involving any new streets or easements of access and
the sale or exchange does not create additional building sites, shall
not be considered a subdivision; or
The improvement of one (1) or more parcels of land for residential,
commercial or industrial structures or groups of structures involving
the subdivision and allocation of land as streets or other open spaces
for common use by the owner, occupants or lease holders or as easements
for the extension and maintenance of public sewer, water, storm drainage
or other public utilities and facilities; provided however, that where
no new streets or roads are involved, divisions of land for agricultural
purposes where the resulting parcels are more than three (3) acres
or larger in size, divisions of property by testamentary or intestate
provisions or divisions of property upon order shall not be considered
subdivisions.
The term "subdivision" shall also be known
as "mobile home trailer park subdivision" as defined
in this Section.
The part of the Comprehensive Plan, now or hereafter adopted,
which includes a major highway and street plan and sets forth the
location, alignment, dimensions, identification and classification
of existing and proposed major highways, City streets and other thoroughfares.
A space of the same lot with a building, which is open, unoccupied
and unobstructed by structures, except as otherwise provided.
An official ordinance text and zone map which divides the
land area within the City of Weston into districts with regulations
and requirements and procedures for the establishment of land use
controls.
[Ord. No. 10.002 Art. 3, 9-12-1988]
A.
The
Planning and Zoning Commission shall review the tentative and preliminary
plats and the final plat and exercise the responsibilities provided
in this Chapter.
B.
The
Administrative Officer shall administer the provisions of this Chapter
and, in addition thereto and in furtherance of said authority, he/she
shall:
1.
Maintain permanent and current records of this Chapter including
amendments hereto;
2.
Receive and file all sketch plans, preliminary plats and final plats
(together with applications);
3.
Forward copies of the preliminary plat and final plat to other appropriate
agencies for their recommendations and reports;
4.
Assimilate all comments, recommendations and reviews from the applicable
City Officials and make a recommendation for action to the Planning
and Zoning Commission on every subdivision plan or plat which the
Planning and Zoning Commission is to consider. The recommendations
will either be for approval, disapproval or deferral. Reasons for
the recommendation shall be clearly stated;
5.
Receive and file copies of all final plats and check their compliance
with the preliminary plat;
6.
Receive "as built" plans as outlined in Section 410.050(C) and forward prints of such plans to the proper governmental departments;
7.
Inspect and make recommendations concerning approval or disapproval
of streets and improvements in accordance with the provisions of this
Chapter.
8.
Make all other determinations required of him/her by this Chapter.
C.
Administrative
Plat. Administrative Plats shall be processed according to the following
criteria and procedures.
[Ord. No. 9.111, 5-13-2019]
1.
Review Criteria.
a.
An application may be classified as an administrative plat if the
Director determines that all of the following are met:
(1)
No new street or alley right-of-way, or other public dedication
is needed.
(2)
No significant increase in service requirements (utilities,
schools, traffic control, streets, etc.), or impact on the ability
to maintain existing service levels will result.
(3)
An existing, platted lot may be divided by a lot split into
not more than two (2) parts which singularly or combined with the
adjoining lot results in the two (2) lots which meet the minimum size
and area requirements of the zoning district in which the lots are
located. The new lots cannot be further subdivided in the future without
re-platting.
(4)
All lots meet the legal standards of the subdivision regulations
and applicable zoning districts.
(5)
The lot patterns are consistent with the surrounding area. In
determining consistency, the size and dimension of lots previously
developed, the layout and design of existing subdivisions and rights-of-way,
and the degree of deviation from previous development shall be considered.
(6)
No other significant issues exist with potential development
enabled by the plat that could impact planning policies, development
regulations or adjacent property owners.
b.
Any application not classified as an administrative plat and meeting
these criteria shall be processed as a major subdivision with a preliminary
and final plat.
2.
Review And Approval. Upon review by the Planning and Zoning Commission
and any affected departments or agencies, and within sixty (60) days
of filing, the Planning and Zoning Commission shall approve any administrative
plats that meet all requirements of these regulations, deny the application,
or recommend further processing as a major subdivision.
3.
Effect Of Decision. Approval of an administrative plat requires the
applicant to record the plat with the Platte County Recorder's Office.
The applicant shall be responsible for all recording fees.
4.
Limitations On Successive Applications. Platted lots are eligible
only one (1) time for approval of a consolidation or division through
the administrative plat process and any further division or consolidations
of the originally platted lots or newly created lots shall be processed
through the preliminary and final plat process.
[Ord. No. 10.002 Art. 4, 9-12-1988; Ord. No. 10.002.1 §§1 — 2, 5-8-1989]
A.
Preliminary Considerations. The owner or subdivider shall
meet with the Administrative Officer at an informal conference and
submit a sketch plan of the proposed subdivision. He/she shall consult
with the Administrative Officer and other appropriate City Officials
prior to the preparation of the preliminary plat. The Comprehensive
Plan shall be reviewed to determine if the preliminary plat will be
in accordance with the plan. Requirements for major highways and City
streets as specified in the official transportation plan; school and
recreation sites; community facilities; shopping centers; sanitation
and water supply and drainage; and the relationship to other developments,
existing and proposed, in the vicinity shall be determined in advance
of the preparation of the preliminary plat.
No land shall be subdivided for residential use unless each
lot in the subdivision abuts a dedicated street or right-of-way which
either:
B.
Filing Of Preliminary Plats. A subdivider desiring approval of a subdivision plat shall submit a written application to the Planning and Zoning Commission. Such application shall be accompanied by the information, requirements and plan set forth in Section 410.050, in accordance with the requirements of this Chapter.
1.
The completed application for subdivision approval shall be submitted
to the City Clerk no later than fourteen (14) days prior to the Planning
and Zoning Commission meeting at which consideration is desired. A
fee of fifteen dollars ($15.00) to cover the costs of publishing notices
and of notifying persons concerned with the pending hearing on said
subdivision shall be paid to the City Clerk, at the time of filing,
for deposit in the City's General Fund. A copy of the receipted application
should be returned to the subdivider and a copy forwarded to the Administrative
Officer.
a.
The subdivider shall deliver six (6) prints of the preliminary plat
along with one (1) copy each of the soil survey map and location map
to the Administrative Officer.
b.
The Administrative Officer shall transmit a copy to the Postmaster
and Superintendent of the West Platte School District, as well as
any other agency that might have an interest in the proposed subdivision,
along with a request for comments.
c.
The Administrative Officer shall use one (1) copy for review to be
retained in Planning and Zoning Commission files marked with any corrections
or additions deemed necessary by the Administrative Officer, the aforementioned
officials or agencies and by the Planning and Zoning Commission when
the plat is considered for formal approval.
d.
One (1) copy shall be retained until after the first (1st) review
and until such time as all the various officials, agencies and Planning
and Zoning Commission have made their review and commented on the
approval of the plat. This copy may be marked and returned to the
subdivider with a letter of approval. In the case of disapproval,
this copy shall be marked and returned to the subdivider with a letter
setting forth the reasons for the disapproval.
2.
After the application for approval of the preliminary plat of a subdivision,
together with the required number of prints of the preliminary plat,
copies of the soil survey and location maps have been properly filed,
the Planning and Zoning Commission should conduct a first (1st) review
of the application and preliminary plat or return them to the subdivider
with suggestions for changes, giving reasons and specifying aspects
of non-conformance with existing ordinances.
a.
Following this first (1st) review, the Planning and Zoning Commission
may forward one (1) copy of such plat, soil survey and location map
and other pertinent information for review by an outside engineering
firm selected by the City at developer's expense. Any comments or
suggestions received from the outside engineering firm shall be taken
into consideration towards approval of the plat.
3.
If the application is accepted by the Planning and Zoning Commission,
it shall, in coordination with the Mayor and Board of Aldermen, set
a date for a public hearing, notify the applicant and by general publication
or otherwise notify the officials, agencies or persons whom it considers
to have an interest in the proposed subdivision.
4.
The Planning and Zoning Commission shall conduct a second (2nd) review
of the preliminary plat within a reasonable time, which in most instances
should not exceed thirty (30) days after the public hearing. At that
time, all first (1st) review comments will be considered and the preliminary
plat should be approved or disapproved.
5.
Following this second (2nd) review by the Planning and Zoning Commission,
the Administrative Officer shall return a copy of the preliminary
plat along with a letter of approval or disapproval to the subdivider.
If the Planning and Zoning Commission approves the preliminary plat,
the subdivider should be authorized to proceed with the preparation
of the final plat. If, however, the Planning and Zoning Commission
has disapproved the preliminary plat, the subdivider shall be advised
of the changes required in the preliminary plat, giving reasons and
specifying aspects of non-conformance with existing ordinances, before
preliminary approval can be conferred.
6.
Preliminary approval shall confer upon the applicant the following
rights for one (1) year from the date of approval:
a.
The general terms and conditions under which the preliminary approval
was granted shall not be changed.
b.
The applicant shall submit on or before the expiration of one (1)
year, unless extended by the Board of Aldermen, the whole or parts
of said plat for final approval. In the event the subdivider fails
to submit within the prescribed time a final plat of all or part of
the area included in the preliminary plat, the approval given to the
preliminary plat shall lapse and be considered null and void.
C.
Approval Of Final Plats.
1.
The subdivider shall submit the final plat, including plans and specifications for required improvements as set forth in Section 410.070, for review by the Administrative Officer.
2.
The Planning and Zoning Commission, within a reasonable time of its
transmittal from the Administrative Officer, shall review the final
plat and advise the subdivider of its approval or disapproval. In
the case of disapproval, reasons and specifying aspects of non-conformance
with existing ordinances shall be listed.
3.
Following the approval of the final plat and receipt of the two percent (2%) fee, this approval shall be so indicated by the signature of the Chairman or Vice Chairman of the Planning and Zoning Commission upon the final plat filed in the office of the City Clerk. The approved final plat should be held by the City Clerk until such time as the subdivider has posted the performance guarantee and fee set forth in Sections 410.050(D) and (E). In addition, the City Clerk may be required to send written notice of the action of the Planning and Zoning Commission to the subdivider.
4.
The final plat shall be accepted by the Board of Aldermen by ordinance
as required by Section 445.030, RSMo., as amended.
[Ord. No. 10.002 Art. 5, 9-12-1988]
A.
A preliminary
plat shall be provided by the subdivider and shall consist of the
following:
1.
Soil survey map. Information shall be obtained from
or be prepared by the United States Department of Agriculture, Soil
Conservation Service, showing the identification of all soil types
located within the boundaries of the plat along with the description
of soil characteristics as named in the nationwide classification
system.
2.
Location map. This location map may be prepared
by indicating the following data on available maps and showing:
a.
Boundary lines of the proposed subdivision indicated by a solid heavy
line and the total approximate acreage involved.
b.
Subdivision name and location, specifying U.S. Geological Survey
range and township lines, County and State.
c.
Any and all thoroughfares related to the subdivision.
d.
Existing elementary and secondary schools, parks and playground available
for serving the area proposed to be subdivided and other relevant
community facilities.
e.
Title, scale, north arrow and date.
3.
Preliminary plat showing:
a.
Proposed name of subdivision and location.
b.
Names and addresses of the owner, subdivider and the registered land
surveyor who prepared the plat.
c.
Streets and rights-of-way on and adjoining the site of the proposed
subdivision; showing the names and including roadway width, approximate
gradients; types and width of pavement curbs, sidewalks, crosswalks,
planting strips and other pertinent data.
d.
Layouts of lots showing approximate dimensions, lot numbers and square
footage.
e.
Parcels of land proposed to be dedicated or reserved for schools,
parks, playgrounds or other public, semi-public or community purposes.
f.
Easements, existing and proposed, showing locations, widths and purposes.
g.
Building setback or front yard lines and dimensions.
h.
Location and size of nearest water main sewer outlet and other pertinent
utilities.
i.
Location, type and approximate size of utilities to be installed.
j.
Tract boundary lines showing dimensions, bearings, angles and references
to known land lines.
k.
Contours at vertical intervals of two (2) feet, if the general slope
of the site is less than twenty percent (20%) and at vertical intervals
of five (5) feet if the general slope is twenty percent (20%) or greater.
l.
Tree masses, key plan, legend and notes.
m.
Location of existing structures.
n.
A preliminary outline of the deed restrictions and covenants that
would be placed upon the subdivision.
o.
Landscaping plans and proposed limits on the location and intensity
of signs, advertising and off-street parking shall be included in
the case of a proposed subdivision for industrial or commercial use.
p.
Scale, north arrow and date. The preliminary plat
of the subdivision should be drawn to a scale of fifty (50) feet to
one (1) inch or one hundred (100) feet to one (1) inch; provided however,
that if the resulting drawing would be over thirty-six (36) inches
in the shortest dimension, a scale as recommended by the Planning
and Zoning Commission may be used.
B.
Final Plat. The final plat shall be provided by the subdivider
and meet the following specifications:
1.
The final plat may include all or only a part of the preliminary
plan which has received approval.
2.
The original drawing of the final plat shall be drawn on a permanent
reproducible material meeting State minimum standards for subdivision.
Two (2) prints shall be submitted with the original final plat. Prints
filed with the jurisdiction shall include one (1) permanent print
bearing the recording of the final plat and the official stamp attesting
the fact of the recording.
3.
All elevations shall be referenced to the established datum and the
said reference shall be clearly stated on any plans or drawings showing
such datum, providing bench marks are located within a reasonable
distance.
4.
All dimensions shall be shown in feet and decimals of a foot.
5.
The title shall be placed in the lower right corner and a suitable
border line shall be placed on all tracings with a margin of not less
than one-half (½) inch on all sides.
6.
The following basic information shall be shown; all surveys for a
final plat shall be made under the active and personal direction of
a registered professional engineer or registered surveyor in Missouri:
a.
Name of the subdivision.
b.
Accurate boundary lines, with dimensions and bearings or angles which
provide a survey of the tract, closing with an error of closure of
not more than one (1) foot in five thousand (5,000) feet. Coordinates
shall be established for all property corners in accordance with the
Missouri coordinate system.
c.
Accurate distances and directions to the nearest established street
corner or official monuments. Reference corners shall be accurately
described on the final plat.
d.
Accurate locations of all existing and recorded streets intersecting
the boundaries of the tract shown by heavy solid lines.
e.
Accurate metes and bounds description of the boundary and the included
area to the nearest one hundredth (1/100) of an acre.
f.
Right-of-way line of streets, easements and other rights-of-way and
property lines of lots and other tracts with accurate dimensions,
bearings and curve data including radii, arcs and chords, points of
tangency and central angles.
g.
Name and right-of-way width for each street or other right-of-way.
h.
Location, dimensions and purposes of any easement shown by light
dashed lines.
i.
Number to identify each lot or site.
j.
Purpose for which sites, other than residential lots, are dedicated
or reserved.
k.
Building setback or front yard lines and dimensions.
l.
Names of owner, with owner or owners personally signing all plans
or drawings.
m.
Restrictions for all types which will run with the land and become
covenants in the deeds for lots. Restriction lines shall be shown
by medium dashed lines.
n.
Title, north arrow, scale and date.
o.
Certification by registered surveyor or registered professional engineer
with registration number and seal affixed to all documents of the
final plat.
p.
Certification by the registered surveyor or registered professional
engineer stating that all lots conform to the requirements of the
zoning district in which it is located.
q.
Certificate of dedication of all public areas.
r.
Certificate that all taxes due have been paid.
s.
Certificate for approval by the Administrative Officer.
t.
Certificate for approval by the Planning and Zoning Commission.
u.
Health license issued by the Missouri Division of Health in the case
of mobile home trailer park subdivisions.
C.
Improvement Plans And Specifications. The final plat submission to the Board of Aldermen shall be accompanied by the plans and specifications for the improvements required under Section 410.070. The plans and profiles of all streets, storm and sanitary sewers, water lines and drainage structures, together with their drainage area, shall be prepared on standard plan and profile sheets and shall bear the seal and signature of the registered professional engineer or registered surveyor responsible for their preparation. A cross section of the proposed streets shall be included showing the widths of roadways, location and width of sidewalks and the location of underground utilities. The plans shall show the lines of all proposed sidewalks and the location of all proposed street lights. The plans, cross sections and specifications for the proposed improvements shall be submitted to and be approved by the Administrative Officer prior to submission to the Planning and Zoning Commission with the final plat. Two (2) prints of the approved documents shall be included with the final plat submission. After the completion of the construction of the improvements, a set of reproducible prints showing the "as built" details and changes, if any, shall be filed with the Administrative Officer.
D.
Performance Guarantee. A performance guarantee shall be
required from the subdivider in the amount of the estimate approved
by the Administrative Officer for the cost of the proposed improvements.
A maintenance guarantee may also be required covering estimated costs
of normal maintenance plus insurance against vandalism and acts of
nature that could cause the replacement of all or part of the constructed
facility which is to be accepted for City maintenance. The performance
guarantee shall run to the City and be with good and sufficient surety,
satisfactory to the City and as approved by the City Attorney, conditioned
upon the installation of the required improvements prior to the issuance
of any certificate of occupancy. The maintenance guarantee running
to the City and equally acceptable shall cover the period between
actual construction or termination of the performance guarantee and
the date for formal acceptance of the facility so designated for acceptance.
Filing of the actual bonds or other securities shall not be required
until after the final plat approval, but sufficient information concerning
the form of guarantee shall be submitted with the final plat documents
to permit the Planning and Zoning Commission's approval at that time.
The performance guarantee may be waived by the City.
E.
General Procedure And Fees.
1.
Inspection of required improvements. The Planning
and Zoning Commission shall provide for inspection of required improvements
during construction and insure their satisfactory completion.
a.
The applicant shall pay to the City an inspection fee of two percent
(2%) of the amount of the performance guarantee or the estimated cost
of required improvements and the subdivision plat shall not be signed
by the Chairman of the Planning and Zoning Commission unless such
fee has been paid.
|
|
If the Administrative Officer finds upon inspection that any
of the required improvements have not been constructed in accordance
with the construction standards and specifications of the City of
Weston, the applicant shall be responsible for completing said improvements.
Wherever the cost of improvements is covered by a performance guarantee,
the applicant and the bonding company shall be severally and jointly
liable for completing said improvements according to specifications.
|
[Ord. No. 10.002 Art. 6, 9-12-1988]
A.
Conformance With Standards. The subdivider shall conform
to the following principles and standards of land subdivision in the
design of each subdivision or portion thereof.
B.
General. The subdivision plat shall conform to design standards
that will encourage good development patterns and particularly to
the principles, standards, policies and proposals which are specified
in the Comprehensive Plan. Therefore, "A Comprehensive Community Plan",
adopted on June 8, 1970, and any amendments thereto, by the City of
Weston, Missouri, is hereby incorporated by reference into these subdivision
regulations, provided however, if any provisions of such plan should
conflict with provisions of these regulations, the latter shall govern.
In particular, principles and standards indicating such plan as follows
shall be considered in any decision to approve or disapprove a subdivision
plat; drainage rights-of-way, school sites, public parks and recreation
sites and/or public buildings and facilities shown on the Comprehensive
Plan. Each subdivision designed shall be in accordance with all applicable
sections of the zoning ordinance of the City of Weston, Missouri,
as now or hereafter amended.
C.
Streets.
1.
The street and alley layout shall provide access to all lots and
parcels of land within the subdivision. Although not mandatory, street
jogs of less than one hundred twenty-five (125) feet should be avoided.
Cul-de-sacs should not exceed five hundred (500) feet in length, unless
necessitated by site topography.
2.
Local or neighborhood streets shall be designed so as to discourage
through traffic.
3.
Proposed streets shall be adjusted to the contour of the land so
as to produce usable lots and streets of reasonable gradient.
4.
Certain proposed streets, where appropriate, shall be extended to
the boundary of the tract to be subdivided so as to provide for normal
circulation of traffic with adjacent existing or future subdivisions
or developed areas.
5.
Wherever there exists a dedicated or platted portion of a street
or alley adjacent to the proposed subdivision, the remainder of the
street shall be platted to the prescribed width within the proposed
subdivision.
6.
Reserve strips controlling access to streets shall be prohibited
except where their control is definitely placed in the Board of Aldermen
under conditions approved by the Planning and Zoning Commission.
7.
Widths of major highways, arterial and collector streets rights-of-way
shall conform to the widths specified in Plate One on file in the
City offices and made a part of this Chapter. These widths may be
increased or decreased or varied in unusual circumstances by the Planning
and Zoning Commission and Administrative Officer.
8.
The minimum right-of-way of local or neighborhood streets, including
marginal access streets and cul-de-sacs, shall be fifty (50) feet.
All cul-de-sacs shall terminate in a circular right-of-way with a
minimum diameter for the turning of all vehicles conveniently within
the right-of-way. For hillside areas, residential streets may be reduced
to a right-of-way width of forty (40) feet.
9.
In hillside areas where the general slope is twenty percent (20%)
or greater and where a minimum pavement width of twenty (20) feet
is permitted, the Planning and Zoning Commission may require the subdivider
to provide group parking bays providing one (1) off-street parking
space not less than nine (9) feet wide and twenty (20) feet deep for
each lot within each block frontage.
10.
Subdivisions that adjoin or include existing streets that do not
conform to the required widths shall dedicate additional width along
either or both sides of said street.
11.
Streets shall be laid out so as to intersect as nearly at right angles
as possible.
12.
If the smaller angle of intersection of two (2) streets is less than
sixty degrees (60°), the radius of the arc of the intersection
of the property lines shall be as deemed advisable by the Planning
and Zoning Commission.
13.
At the intersection of other streets, the property corners shall
be rounded by arcs with radii of not less than twenty (20) feet or
chords of such arcs.
14.
At intersections of streets and alleys, the property line corners
shall be rounded by arcs with radii of not less than fifteen (15)
feet or chords of such arcs.
15.
Intersection of more than two (2) streets at one (1) point shall
be avoided.
16.
Where parkways or special types of streets are involved, the Planning
and Zoning Commission may apply special standards to be followed in
the design of such parkways or streets.
17.
Whenever the subdivision contains or is adjacent to a railroad right-of-way
or a highway designated as a "limited access highway" by the appropriate
highway authorities, provision shall be made for a marginal access
street or a parallel street at a distance acceptable for the appropriate
use of the land between the highway or railroad and such streets.
18.
Horizontal visibility on curved streets and vertical visibility on
all streets shall be maintained along the centerlines as follows:
19.
Horizontal curvature measured along the centerline shall have a minimum
radius as follows:
a.
Major highways and arterial routes: Five hundred (500) feet.
b.
Collector streets: Three hundred (300) feet.
c.
Residential access streets: One hundred fifty (150) feet.
|
|
For "hillside areas" defined as areas where
the slope exceeds twenty percent (20%):
| |
|
a.
|
Major highways and arterial streets: Three hundred (300) feet.
| |
|
b.
|
Collector streets: One hundred fifty (150) feet.
| |
|
c.
|
Residential access streets: Seventy-five (75) feet.
| |
20.
All changes in grades shall be connected by vertical curves of sufficient
radii to provide smooth transitions and required sign distances.
21.
Between reverse curves on major highways and arterial streets there
shall be a tangent of not less than one hundred (100) feet and on
collector and local or neighborhood streets such tangent shall be
not less than forty (40) feet. For hillside areas: between reverse
curves on major highways and arterial streets there shall be a tangent
of not less than fifty (50) feet and on collector streets such tangents
shall not be less than twenty (20) feet.
22.
Maximum grades for streets shall be as follows:
a.
Major highways and arterial streets, not greater than six percent
(6%) or as approved by the Administrative Officer and the Planning
and Zoning Commission.
b.
Other streets and alleys, not greater than ten percent (10%) or as
approved by the Administrative Officer and Planning and Zoning Commission.
For hillside areas: residential streets not greater than fifteen percent
(15%).
23.
The minimum grade of any street gutter shall not be less than seventy-five
hundredths of one percent (0.75%).
24.
No street shall have a name which will duplicate or so nearly duplicate
as to be confused with the name of an existing street, unless the
proposed street is an extension of or in alignment with an existing
street, in which case the duplication shall be mandatory.
25.
Alleys shall be discouraged in residential areas but shall be included
in commercial and industrial areas where needed for loading and unloading
or access purposes and, where platted, shall be at least twenty (20)
feet in width.
26.
Dead-end alleys shall be avoided where possible, but if unavoidable,
shall be provided with adequate turnaround facilities at the dead
end as determined by the Planning and Zoning Commission.
D.
Blocks.
1.
Blocks shall not normally exceed twelve hundred fifty (1,250) feet
in length, unless unusual circumstances justify greater length.
2.
Blocks shall be of sufficient width to permit two (2) tiers of lots
of appropriate depth, except where an interior street parallels a
limited access highway, arterial street or railroad right-of-way.
3.
No other specific rule is made concerning the shape of blocks, but
blocks shall fit easily into the overall plan of the subdivision and
their design must evidence consideration of lot planning, traffic
flow and public areas.
4.
Within blocks of over seven hundred (700) feet in length, the Planning
and Zoning Commission may require, at or near the middle of the block,
a public walk connecting adjacent streets or other public areas, shopping
centers, etc. Width of right-of-way for such walks shall be at least
ten (10) feet and shall be intended for the use of pedestrians only.
For hillside areas, this requirement may be modified to meet topographical
conditions.
E.
Lots.
1.
All lots shall abut on a dedicated street or right-of-way.
2.
Side lines of lots shall be at approximately right angles to straight
streets and on radial lines on curved streets. Some variation from
this rules is permissible, but pointed or very irregular lots shall
be avoided. For hillside areas, side lines of lots shall be located
as to provided the most suitable building site.
3.
Double frontage lots shall not be platted, except that where desired
along arterial streets, lots may face on an interior street and back
on such thoroughfare. In that event, a planting strip or a planting
screen, at least twenty (20) feet in width, shall be provided along
the rear of the lot. For hillside areas, double frontage lots may
be permitted when indicated by the character of the topography.
4.
Minimum lot areas, widths and building setback lines shall be as
provided in the zoning ordinance for the district in which the subdivision
is located within the incorporated area of the City of Weston, except
that where a water main supply system or a sanitary sewer system is
not available, the lot area necessary to install a private water supply
or sewage disposal system on the lot in accordance with the Department
of Natural Resources or other appropriate agency which would have
jurisdiction shall become the minimum lot area.
5.
Wherever possible, a unit shopping center, based on sound development
standards, shall be designed in contrast to the platting of lots for
individual commercial use.
6.
Corner residential lots shall be wider than normal to permit appropriate
setbacks from both streets. Interior residential lots abutting a corner
lot shall be wider than the average interior lot in order to permit
a wider side yard adjacent to the corner lot.
F.
Easements.
1.
Where alleys are not provided, easements for utilities shall be provided.
Such easements shall have a minimum width of fifteen (15) feet and
where located along interior lot lines, one-half (½) the width
shall be taken from each lot. Before determining the location of easements,
the plan shall be discussed with the local utility companies to assure
the proper placing for the installation of services. For hillside
areas: where a cut or fill slope extends beyond the right-of-way of
a street, a slope easement shall be provided of sufficient width to
permit necessary maintenance of the slope. The Planning and Zoning
Commission may allow easements of lesser width provided that the Planning
and Zoning Commission is clearly satisfied that the purpose of such
easements may be accomplished by easements of small dimensions.
2.
Whenever a subdivision is traversed by a water source, drainage-way,
channel or stream, there shall be provided a drainage right-of-way
which shall be for the purpose of widening, improving or protecting
the stream at the subdivider's expense. The width of the drainage
right-of-way shall be adequate for any necessary channel relocations
and straightenings and shall be reviewed by the engineer and shall
relate as closely as possible to the requirements of the Comprehensive
Plan. Parallel streets or parkways may be required in connections
therewith.
3.
Where public utilities are placed underground, all wires, cables,
conduits, vaults, laterals, pipes, mains, valves and other similar
distribution equipment shall be placed within easements or dedicated
public ways in such a manner so as not to conflict with any other
underground service previously installed.
G.
Public Use Areas. Where sites for parks, schools, playgrounds
or other public use areas as shown in the Comprehensive Plan are located
within the subdivision area, the Board of Aldermen shall require that
such areas be so designated on the final plat.
H.
Topography, Natural Vegetation And Flooding.
1.
In the subdividing of any land within the City of Weston, due regard
shall be shown for all natural features, such as tree growth, watercourses
or other similar elements which, if preserved, would add attractiveness
to the proposed development.
2.
The natural topography shall be retained wherever possible in order
to reduce excessive run-off onto adjoining property and to avoid extensive
regrading of the site.
3.
Floor elevations of all buildings shall be carefully studied in relation
to existing topography, proposed street grades, existing twelve (12)
inch and over caliper trees and other pertinent site features.
4.
Consideration shall be given to varying the setback line required
in the zoning district where the subdivision is proposed in order
to retain, wherever possible, existing topography, rock formations
and large trees. Consideration shall be given only after the Board
of Adjustment has granted a building line variance for the affected
subdivision.
5.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions or similar circumstances, the Commission shall consider
withholding approval of such lots.
I.
Mobile Home Trailer Park Subdivision. The purpose of this
Section is to specify the minimum design and development standards
for mobile home trailer park subdivision.
1.
Relation of mobile home to lot. There shall be private
areas in open areas on the lot related appropriately to functional
areas in the subdivision. The lot shall be so shaped in scale as to
provide for a reasonable variety of mobile homes and additions. Moving
the mobile home onto the lot must, of course, be possible, but in
subdivisions the amount of movement shall be limited. In subdivisions,
provision for positioning of the unit on the lot and for moving it
out are only incidental to the total subdivision design. Location
of drives, parking areas, carports and garages must be in the appropriate
area or on individual mobile home lots. The parking areas must be
easy and safe for entrance and convenience from all directions within
the subdivision and from the street or highway. Driveways and car
shelters shall not be located to interfere with desirable views from
the mobile home or from important open areas on the site.
2.
Relation of mobile home and lots to each other. The
mobile home as well as functional areas on individual lots shall complement
and supplement those on adjacent lots. Open areas shall flow onto
open areas enhancing primary views. Areas on one (1) lot where it
is desirable to enclose with structures, vegetated screening or fences
shall adjoin similar areas on neighboring lots. "Fronting" to the
inside of a subdivision block has the definite advantage of providing
a "view potential" and providing a play area for children. Facing
the mobile home groupings inward improves the views, unifies interior
pedestrian ways and interrelates streets, drives, car storage and
garbage and trash pickup.
Interior areas within the mobile home groupings shall be designed
to encourage neighborliness. Interblock arrangements shall include
easy access from the entrances of mobile homes in the grouping.
3.
General subdivision pattern relation of elements. The general subdivision, built from mobile home groupings, shall
fit topography, requirements for circulation and requirements for
provision of community facilities and utilities. Areas for churches,
schools, major parks and community facilities shall be located appropriately
with respect to the population to be served. All appropriate, residential
areas shall merge into or be insulated from heavy traffic, concentration
of parking, noise, lights, commercial and industrial activities. They
shall merge with parks or suitable areas.
The street pattern shall serve, not shape, the lots in the subdivision.
Lands devoted to streets shall be held to a minimum compatible with
performance of street-related functions. Minor streets shall feed
at well-spaced intervals and well-spaced intervals and well-designed
intersections into collector streets and arteries for fast-moving
traffic.
General site planning shall adapt to individual site conditions,
the type of market to be served, reflect advances in site planning
techniques, and be adapted to the trends and designs of the mobile
home trailer. An informal park type of site planning which conforms
to terrain, existing trees, shrubs and rock formations is preferred.
4.
Percentage of park subdivision improved prior to use. It shall be a condition precedent to permitting the aforesaid uses
that at least one-third (1/3) of the subdivision lots be completed
and ready for occupancy, which completion shall include installation
of roadways, sidewalks, lighting, public utilities, service and management
buildings.
5.
Screen planting.
a.
Subdivision periphery of mobile home park subdivision. All mobile home subdivision sites shall provide a twenty (20) foot
wide planting strip, planted with trees and shrubs at least six (6)
feet high by six (6) feet deep, to provide a dense screen at all times
which extends the length and depth of the entire subdivision.
b.
Interior lots and service areas. Adequate screen
planting shall be provided to ensure privacy and reduce reflected
glare between mobile home lots and to provide a screening of objectionable
views including laundry and drying areas, lot's storage structures,
garbage and trash collection receptacles, laundry dryer building facilities
and common parking areas.
c.
Alternate screening. Wherever screen planting fails
to fulfill the objectives of paragraph (b) above listed, fencing appropriately
designed for the function intended and substantially constructed to
withstand conditions of soil, weather and use shall be installed in
the height of six (6) feet.
[Ord. No. 10.002 Art. 7, 9-12-1988; Ord. No. 10.002.2 §1, 12-11-1989]
A.
General. Utility and street improvements shall be provided
by the subdivider in each new subdivision in accordance with the standards
and requirements described in the following Sections.
B.
Streets. Streets shall be completed in accordance with
the plans, profiles, specifications and cross sections as shown in
Engineering Report on Proposed Minimum Design Standards and Specifications
for Construction of Streets, City of Weston, Missouri, May 10, 1971,
prepared by Larkin and Associates, Engineering Study L and A, No.
71023.
C.
Curbs And Gutters. Curbs and gutters shall be completed
in accordance with the plans, profiles, specifications and cross sections
as shown in Engineering Report on Proposed Minimum Design Standards
and Specifications for Construction of Streets, City of Weston, Missouri,
May 10, 1971, prepared by Larkin and Associates, Engineering Study
L and A, No. 71023.
D.
Sidewalks.
1.
Sidewalks shall be provided:
a.
On both sides of the street for lots fourteen thousand (14,000) square
feet or less;
b.
On both sides of any arterial street irregardless of lot size;
c.
On one (1) side of a street for lots fourteen thousand (14,000) square
feet or more;
d.
On any lot connected to a lot fourteen thousand (14,000) square feet
or less.
2.
Sidewalks shall be of Portland cement concrete with a minimum thickness
of four (4) inches on a four (4) inch gravel or crushed stone base
and a minimum width of three (3) feet and the edge of sidewalks adjacent
to the property line of the street shall be placed at least one (1)
foot from the property line.
3.
Crosswalks within the blocks shall be improved with a four (4) foot
walk of Portland cement concrete of four (4) inch thickness on a four
(4) inch compacted aggregate base. The base shall be extended beyond
the sidewalk on either side to a distance equal to the depth of the
base.
E.
Sewage Disposal. The developer shall install or cause to
be installed a system for the disposal of sanitary sewage in the subdivision
by one (1) of the following means:
1.
Public system. A complete sanitary sewer system
which shall convey the sewage into an established municipal or other
public agency sanitary sewage treatment and disposal system, at a
point and in a manner approved in writing by the municipal or other
public agency involved. The plans for the complete installation of
the sewage system showing all locations, material, size, profiles
and any connections thereto shall be prepared by a registered engineer
at the expense of the subdivider or developer and shall be approved
by and meet the requirements of the City of Weston and the Department
of Natural Resources of the State of Missouri or other agencies that
have jurisdiction.
2.
Private or quasi-public system.
a.
A complete sanitary sewage system to convey the sewage to a treatment
plant provided by the developers or others in accordance with the
Department of Natural Resources or other agencies that have jurisdiction.
b.
A complete sanitary sewage system which shall connect into the sanitary
sewage disposal system of a sewage disposal company which shall hold,
at the time of plat submission, a certificate of territorial authority
issued by the Public Service Commission of Missouri authorizing such
sewage disposal service for the area in which the subdivision is located.
The plans for the complete installation of the sewer system both within
the subdivision and any off-site installations serving said subdivision
showing all locations, size, material, profiles and capacities shall
be submitted to and be approved by the Department of Natural Resources
of the State of Missouri or other agencies that have jurisdiction.
3.
Septic tank. If the developer submits proper evidence
to the appropriate sanitarian that neither of the above forms of sewage
disposal and treatment is possible or economically feasible, then
the Planning and Zoning Commission shall permit the developer to use
a private sanitary sewage disposal system on each individual lot consisting
of a septic tank, a tile absorption field or other approved treatment
system, when installed in accordance with the standards and approval
of the Department of Natural Resources of the State of Missouri or
other agencies that have jurisdiction, provided however, that the
average water table is not closer than thirty (30) inches from the
ground surface. Part of the said proper evidence shall be in the form
of a print of the plat showing the location of, the depth of and the
percolation rate of the test holes, one (1) located on each lot, of
a percolation test conducted by an engineer. The information shown
shall be certified to be accurate by a professional engineer registered
in the State of Missouri.
4.
The subdivider shall furnish the Planning and Zoning Commission with
a complete set of plans and profiles as approved by the various authorities.
F.
Water Supply. The developer shall install or cause to be
installed a water system for the subdivision by one (1) of the following
methods:
1.
Public system. A complete water main system which
shall be connected to a public or other community water supply which
is approved by the Administrative Officer and the Department of Natural
Resources of the State of Missouri. The plans for the complete installation
showing size, location, depth, material and all connections thereto
including, fire hydrants, shall meet the requirements and receive
the approval of the Department of Natural Resources.
2.
Private system.
a.
A community water supply system including water source, treatment
and all appurtenances thereto necessary to supply sufficient water
of a minimum pressure of thirty (30) pounds per square inch. The plans
showing location, depth, size and material of mains, valves and connections
thereto shall meet the requirements of and be approved by the Administrative
Officer and the Department of Natural Resources of the State of Missouri;
or
b.
A complete water main system which shall connect into the water main
system of a utility company which shall be authorized to operate within
the area in which the subdivision is located and which shall be subject
to the control of the Public Service Commission of Missouri. The plans
for the complete installation of the water main system within the
subdivision showing size, location, depth, material and all connections
thereto, including fire hydrants, shall be approved by and meet the
requirements of the Department of Natural Resources.
3.
Individual supply. If the developer submits proper
evidence to the Administrative Officer that neither of the above forms
of water supply is possible or economically feasible, then the Planning
and Zoning Commission may permit an individual water supply on each
lot in the subdivision subject to compliance with all recommended
design standards of the Department of Natural Resources of the State
of Missouri or other agencies that have jurisdiction.
4.
The subdivider shall furnish the Planning and Zoning Commission with
a complete set of plans and profiles as approved by the Administrative
Officer. In all instances, fire hydrants shall be spaced a minimum
of six hundred (600) feet apart. All water mains shall be a minimum
of eight (8) inches in size.
G.
Storm Drainage.
1.
Adequate surface and subsurface drainageways for the removal of stormwater
shall be provided by the subdivider. The extent to which storm drainage
facilities shall be required shall be based upon an analysis of need
prepared for the subdivider by a registered professional engineer.
The analysis shall be based upon the rational method of computing
stormwater run-off, using the one (1) hour rainfall to be expected
at a five (5) year frequency. Times of concentration, soil infiltration
rates and other variable factors to be used in the analysis shall
be discussed with and approved by the Administrative Officer during
the preliminary consideration of the subdivision.
2.
A stormwater sewer system, which shall be separate and independent
of the sanitary sewer system, with surface inlets, shall be provided
by the subdivider in all cases where curb and gutter is to be installed
and whenever the available evidence indicates that such a system is
necessary due to the inadequacy of the natural surface drainage.
3.
Whenever a subdivision is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a drainage right-of-way
which shall be for the purpose of widening, improving or protecting
the stream at the subdivider's expense. To ensure proper drainage
right-of-way width, the following requirements shall be incorporated
in the plat:
a.
In order to protect stream banks and to allow for maintenance, an
easement of fifty (50) feet measured from the normal high bank on
each bank of any ditch or creek shall be provided.
b.
In order to protect river banks and to allow for maintenance, an
easement of seventy (70) feet measured from the normal high bank on
each bank of any river shall be provided.
c.
In order to allow for the creation of a new channel or drainageway,
relocation of an existing channel, an easement of one hundred (100)
feet, measured from the normal high bank on both sides of said proposed
channel shall be provided.
|
|
The width of the drainage rights-of-way shall be adequate for
any necessary channel relocations and straightenings and, to determine
adequacy, the drainage right-of-way shall be reviewed by the Administrative
Officer. The drainage right-of-way shall relate as closely as possible
to the requirements of the Comprehensive Plan. Parallel streets or
parkways may be required in connection therewith.
|
4.
Subsurface drainage pipe shall be of corrugated metal, extra strength
vitrified clay, reinforced concrete or other suitable material approved
by the Planning and Zoning Commission.
5.
The subdivider shall furnish the Planning and Zoning Commission a
complete set of plans and profiles as approved by the various authorities.
H.
Public Utilities.
1.
All utility lines for telephone and electric service shall be placed
underground.
2.
Where telephone and/or electric service lines are to be placed underground
throughout the subdivision, the conduit or cables shall be located
within easements or public rights-of-way in separate trenches in a
manner which will not conflict with other underground services. Furthermore,
all transformers and terminal boxes shall be located so as not to
be unsightly or hazardous to the public.
3.
All excavations for public utilities made under paved areas shall
be properly backfilled with approved granular materials thoroughly
compacted in place, subject to the approval of the Administrative
Officer.
I.
Street Lighting.
1.
Provisions shall be made by the subdivider for the adequate lighting
of public streets within the subdivision. The proposed street lights
shall meet fully the most recent design standards of the Illuminating
Engineering Society and all other standards and requirements of the
City of Weston and Platte County, in general and the municipal electric
utility in particular.
2.
Street lights shall be provided with a maximum spacing of three hundred
(300) feet with concrete or steel poles connected by underground wiring.
J.
Street Signs.
1.
Corresponding signs mounted on posts and as specified by the City
of Weston shall be installed by the subdivider at all street intersections
on diagonally opposite corners so that they will be on the far right-hand
side of the intersection for traffic on the more important streets.
Signs indicating both streets shall be erected at each location mounted
as close to the corner as practical, facing traffic on the cross street,
with the nearest portion of each sign not less than one (1) foot nor
more than ten (10) feet back from the curb line.
2.
Before the final plat is approved, the subdivider shall submit a
statement from the local postmaster approving the names of the proposed
streets an of the proposed system of postal addresses along such streets
to the Planning and Zoning Commission.
K.
Landscape Development.
1.
All unpaved or otherwise unimproved areas within the public rights-of-way
or public use areas shall be graded and seeded in an approved manner.
2.
In informal types of street patterns, informal planting of street
trees in accordance with an approved landscape development plan may
be permitted.
3.
All residential lots shall have an appropriate cover of undisturbed
existing vegetation, seeding, fresh-cut sod, plugs or spot sod.
L.
Monuments And Markers.
1.
Permanent monuments shall be set at the intersection of all lines
forming angles in the boundary of the subdivision and at the intersection
of street right-of-way lines and at the beginning and end of all curves
along street right-of-way lines.
2.
Markers shall be set, unless otherwise located by a monument, at
all points where lot lines intersect street right-of-way lines; at
all angles in the lot property lines; at all other lot corners and
at all changes in alignment on the boundaries of the subdivision.
3.
Monuments shall be of concrete with minimum dimensions of four (4)
inches at the top and six (6) inches at the bottom and be installed
at least thirty-six (36) inches below the surface of the ground and
shall be marked at the top with either a copper or steel dowel imbedded
so that the top of the dowel shall be flush with the top surface at
the center of the monument. Markers shall consist of galvanized steel
or wrought iron pipe or steel bars at least eighteen (18) inches in
length and three-quarters (¾) of an inch in outside diameter.
4.
Monuments and markers shall be provided by subdivider and be so placed
that the center point shall coincide with the intersection of lines
to be marked and the top level with the surface of the surrounding
ground after final grading.
M.
Privately Developed Facilities.
1.
Where the subdivision is to contain sewers, sewage treatment facilities,
water supply system park areas or other physical facilities which
will not be maintained by existing public agencies, provision shall
be made by trust agreement, which is a part of the deed restrictions
and which is acceptable to the proper agencies for jurisdiction over
the continuous maintenance, supervision, operation and reconstruction
of such facilities by the lot owners in the subdivision. Other restrictions
not inconsistent or in conflict with the provisions of this Chapter
or ordinances of the City of Weston may also be included.
2.
Consideration shall be given to the City's participation in the expense
of privately developed utility lines which, due to their physical
location and sequence of construction, shall be of a size to service
future community growth as determined by the Planning and Zoning Commission
and Administrative Officer. The arrangement could be one in which
the subdivider would install utilities adequate to his/her immediate
needs, but increased in size to meet future needs as determined above
for which the City would pay the materials cost and related installation
cost for the amount or sizes above the subdivider's actual need.
N.
Cluster Development. In order to promote the health and
general welfare and to preserve and make available open space, the
Planning and Zoning Commission may grant a subdivider the right to
vary the residential density within a tract to be developed, leaving
a substantial area free of building lots; the right to vary the density
shall, however, be subject to the following conditions:
2.
Overall density shall not exceed that of the zoning district in which
the land occurs. The houses in the proposed subdivision shall be grouped
in clusters. The minimum lot area shall be no less than two-thirds
(2/3) of the minimum normally required in the zoning district in which
the land occurs.
Minimum yard requirements in a cluster development shall be:
3.
In cases where a subdivider has designed special groups of dwellings and garages, the Planning and Zoning Commission, after inspecting plans and elevations, may grant smaller lot minimum sizes than those in Subsection (N)(2) preceding, providing that the sanitary systems are approved by the Administrative Officer, that the overall density does not exceed that permitted in the zoning district in which the land occurs or that the layout is not detrimental to the health and welfare of the community.
4.
The balance of the land not contained in the lots or within the road
rights-of-way should be contiguous and of such condition, size and
shape as to be usable for recreation. Such land shall be held in corporate
ownership by the owners of lots within the development and the subdivider
shall incorporate into the deeds of all property within the development
a clause giving to the owners an interest in such open land which
shall be used for recreational purposes only. (No structure, save
those incidental to the recreational use, shall be permitted thereon.)
Open land shall be a minimum of one and one-half (1½)
acres and shall be subject to taxation. In the case of such tracts
of three (3) or more acres, the developer may petition the City to
take over the land to be used in perpetuity as open space.
O.
Mobile Home Trailer Park Subdivision. The purpose of this
Section is to specify the required improvements for all mobile home
trailer park subdivisions. The following permanent facilities shall
be installed and available to and for each mobile home lot:
1.
Sanitary drinking water system, inspected and approved by the Department
of Natural Resources, providing adequate pressure with appropriate
water connections for mobile home usage.
2.
For fire protection, sanitary water under adequate pressure in standard
fire hydrants, which hydrants shall be located within four hundred
(400) feet of every individual lot within the mobile home park subdivision.
3.
Sanitary sewage disposal system inspected and approved by the Department
of Natural Resources with appropriate sewerage connections for mobile
home usage for the safe discharge of waste material. Connection between
stormwater drainage systems and sewage disposal systems shall not
be permitted.
4.
Lateral storm drains from each lot to the subdivision's main stormwater
drainage system.
5.
Refuse disposal receptacles or incinerators located within two hundred
(200) feet of each individual lot within the mobile home park subdivision.
6.
Public utilities with appropriate connection boxes including, but
not limited to, electricity, gas and telephone.
a.
Liquified petroleum gas as fuel. When liquified
petroleum gas is used, the containers for such gas shall be the liquified
petroleum gas container approved by the Interstate Commerce Commission
for its intended purpose and shall be integrally attached to the trailer
or mobile home in a manner approved by the Liquified Petroleum Gas
Association or other approved authority including the appropriate
safety authorities of Platte County.
b.
Fuel oil supply. Fuel oil supply systems shall be
installed and maintained in accordance with applicable State and local
codes and regulations. All fuel oil storage containers, barrels, tanks
or cylinders and piping to the mobile home shall be securely fastened
in place and protected against physical damage.
c.
Natural gas system. Natural gas piping systems shall
be installed underground in accordance with applicable codes and regulations
and public utility standards. Each mobile home lot provided with piped
gas shall have an approved manual shut-off valve installed upstream
of the gas outlet. The outlet shall be equipped with an approved cap
to prevent accidental discharge of gas when the outlet is not in use.
7.
Coin-operated laundry and drying facilities in a permanent structure
which shall be commonly accessible and provide, in addition, laundry
trays and slop sinks.
8.
Management and maintenance offices, including storage facilities
for groundskeeping equipment.
9.
Paved parking areas for guests and residents.
10.
Recreation facilities including, but not limited to, a swimming pool
and community meeting house.
11.
Twenty-four (24) hour custodial or caretaker service.
[Ord. No. 10.002 Art. 8, 9-12-1988]
A.
Inspections. During the course of construction of the improvements,
the subdivider shall be required to notify the Administrative Officer
at least twenty-four (24) hours before each of the following operations
in order that he/she may make the required inspections:
1.
Before base material is deposited in place for inspection of all
street subgrades, especially areas where backfilling was placed over
subterranean construction, and curb and gutter construction.
2.
Before bituminous topping is placed on the base material for inspection
of the base construction.
It is essential that these inspections be made in order for
the City to ascertain the quality of construction preliminary to accepting
the improvements for public maintenance.
The subdivider shall pay a fee for the required inspections.
The total inspection fee for a subdivision shall be determined on
an hourly basis and shall be at the prevailing wage rate for City
employees. No later than five (5) days after the date of each inspection,
the Administrative Officer shall notify the subdivider in writing
of the results of the inspection. The inspections shall be made and
the work approved before construction is continued. All inspection
fees as required above shall have been paid to the City Clerk before
the Board of Aldermen accepts streets and improvements.
B.
Completed Construction Notification. When the subdivider
has completed construction of the improvements, he/she shall notify
the Administrative Officer by letter and formally request a final
inspection. He/she shall briefly describe all the improvements and
enclose two (2) copies of the subdivision plan showing the improvements
as installed.
C.
Recommendation For Acceptance. Before acceptance of subdivision
improvements, the Administrative Officer shall inspect said improvements
as described above and submit a report to the Board of Aldermen on
the condition of such improvements and a recommendation for their
action thereon.
D.
Written Notification. No later than seven (7) days after
the final inspection of the subdivision improvements, the subdivider
shall be notified by the Administrative Officer, in writing, of the
results of the inspection.
[Ord. No. 10.002 Art. 9, 9-12-1988]
A.
Each
final plat submitted to the Planning and Zoning Commission for approval
shall contain statements in the restrictive covenants providing for
the following items:
1.
All utility easements as dedicated on the face of the plat shall
be kept free of all permanent structures and the removal of any obstructions
such as structures, trees, shrubbery, fences or other installation
thereon, whether temporary or permanent, by a utility company shall
in no way obligate the utility company in damages or to restore the
obstruction to its original form.
2.
Before any lot or tract located within the subdivision may be used
and occupied, such use or occupier shall first obtain from the Administrative
Officer the building permit required by the zoning ordinances of the
City of Weston.
3.
Before any house or building on any lot or tract in the subdivision
shall be used and occupied as a dwelling or as otherwise provided
in the subdivision restrictions, the developer or any subsequent owner
of said lot or tract shall install all improvements serving said lot
or tract as provided in said plans and specifications filed with the
Planning and Zoning Commission.
4.
Before any house or building on any lot or tract in the subdivision
shall be used or occupied as a dwelling or as otherwise provided in
the zoning and subdivision ordinances, the developer or any subsequent
owner of said lot or tract shall first obtain from the Administrative
Officer the certificate of occupancy as required by the zoning ordinance
of the City of Weston.
5.
Prohibiting the further subdivision of any lot or combination of
lots within the subdivision previously approved by the Planning and
Zoning Commission, unless and until the Planning and Zoning Commission
has reviewed and approved the change.
[Ord. No. 10.002 Art. 10, 9-12-1988]
A.
To
entitle a final plat to be recorded, such certificates as required
by law shall be lettered or printed on the final plat. This Section
lists certain certificates, some of which shall be placed on every
plat, other certificates are optional and shall serve only as a guide.
1.
Each final plat shall be submitted within one (1) year unless extended
by the Board of Aldermen.
2.
Each final plat submitted to the Planning and Zoning Commission for
approval shall carry a deed of dedication in substantially the following
form:
|
|
DEED OF DEDICATION
| ||
|
|
We, the undersigned (name), owners of
the real estate shown and prescribed herein, do hereby certify that
we have laid off, platted and subdivided and do hereby lay off, plat
and subdivide said real estate in accordance with the within plat.
| ||
|
|
This subdivision shall be known and designated as an addition
to the City of Weston. All streets, alleys, parks and other public
lands shown and now heretofore dedicated are hereby dedicated to the
public.
| ||
|
|
Front and side yard building setback lines are hereby established
as shown on this plat, between which lines and the property line of
the street no building or structure shall be erected or maintained.
| ||
|
|
Witness our Hands and Seals this ____ day of ______________,
20__.
| ||
|
|
| ||
|
|
| ||
|
|
| ||
|
|
State of Missouri
|
)
| |
|
|
)
| ||
|
|
County of Platte
|
)
| |
|
|
Before me the undersigned notary public, in and for the County
and State, personally appeared ________________, _______________,
_______________, and each separately and severally acknowledged the
execution of the foregoing instrument as his or her voluntary act
and deed; for the purposes therein expressed. Witness my hand and
Notarial Seal this ____ day of _________, 20__.
| ||
|
|
Notary Public
| ||
|
|
My Commission expires:
| ||
3.
Each final plat submitted to the Planning and Zoning Commission for
approval shall carry a certificate signed by a registered professional
engineer or land surveyor in substantially the following form:
|
|
APPROVED
Land Surveyor or Professional Engineer
OF THE STATE OF MISSOURI
| |
|---|---|---|
|
|
I, _________________________, hereby certify that I am a professional
engineer or a registered land surveyor licensed in compliance with
the laws of the State of Missouri; that this plat correctly represents
a survey completed by me on _______________; that all the monuments
shown thereon actually exist; and that their location, size, type
and material are accurately shown.
| |
|
(SEAL)
|
| |
|
|
APPROVED
PLANNING AND ZONING COMMISSION
OF
THE CITY OF WESTON, MISSOURI
| |
|---|---|---|
|
|
Chairman
| |
|
|
Secretary
| |
|
|
APPROVED
ADMINISTRATIVE OFFICER
OF
THE CITY OF WESTON, MISSOURI
this ____ day of ______________, 20__.
| |
4.
Performance guarantee.
|
|
SUBDIVISION BOND
| ||
|
|
KNOW ALL MEN BY THESE PRESENTS:
| ||
|
|
That we, _________________________ as Principal and the undersigned
Surety, are held and firmly bound unto the City of Weston, Missouri,
hereafter called City, in the full sum of _______________ ($_______________)
for the payment of which, well and truly to be made, we and each of
us, bind ourselves jointly and severally, by these presents.
| ||
|
|
Dated this ____ day of ______________, 20__.
| ||
|
|
The conditions of this obligation are such that, WHEREAS, PRINCIPAL
has submitted to the City a preliminary plat for the subdivision of
a tract of land described as follows:
| ||
|
|
AND, WHEREAS, PRINCIPAL has, pursuant to the ordinances of the
City of Weston, Missouri, elected to file this bond in lieu of actual
completion of improvements and utilities in the above subdivision.
| ||
|
|
NOW, THEREFORE, if the PRINCIPAL shall, within one (1) year
from date of approval of the final plat of the subdivision, faithfully
install and complete improvements and utilities in the subdivision
according to requirements or ordinance, approved plans, specifications
and subdivision rules and regulations of the City and pay all bills
for contractors, subcontractors, labor and materials incurred in completion
thereof; and shall hold harmless and indemnify the City and all interested
property owners against liability, loss or damage by reason of failure
of PRINCIPAL to faithfully perform the conditions hereof, then this
obligation shall be null and void; otherwise to remain in full force
and effect; provided however, that actions upon this bond by contractors,
subcontractors, laborers or material men shall be limited to six (6)
months from and after the completion of the improvements and utilities
above referred to.
| ||
|
|
Signed, sealed and delivered the day and year first above written.
| ||
|
|
Principal
| ||
|
|
By
|
| |
|
|
ATTEST:
| ||
|
|
Secretary
| ||
|
|
APPROVED as to form and legality, this ____ day of ______________,
20__.
| ||
|
|
City Attorney
| ||
|
|
APPROVED by the Board of Aldermen of the City of Weston, this
____ day of ______________, 20__.
| ||
|
|
Mayor
| ||
|
|
ATTEST:
| ||
|
|
City Clerk
| ||
[Ord. No. 10.002 Art. 11, 9-12-1988]
No building permit or certificate of occupancy shall be issued
by any governing official for the construction of any building, structure
or improvement to the land or any lot within a subdivision, as defined
herein, which has been approved for platting or replatting, until
all requirements have been fully complied with and all plans have
been approved and the final plat recorded. No certificate of occupancy
shall be issued until all improvements serving such lot are installed.
In addition, it shall be unlawful for any person to construct, alter
or extend any mobile home trailer park subdivision within the corporate
limits of the City of Weston, unless he/she holds a valid health license
issued by the Missouri Division of Health, pursuant to State Statutes
whereby said Division enforces its standards of health and sanitation.
[Ord. No. 10.002 Art. 12, 9-12-1988]
A.
Term. The plat of any proposed subdivision shall be recorded,
for taxation purposes, within one (1) year of the final approval date
of the Planning and Zoning Commission in the office of the City Clerk
of the City of Weston and in the office of the Recorder of Deeds of
Platte County, Missouri.
B.
Pre-Recording Approval. After the enactment of this Chapter,
no plat of any subdivision shall be permitted to be recorded by the
City Clerk or the Recorder of Deeds of Platte County, Missouri, and
no plat of any subdivision shall have any validity until it is submitted
and approved in the proper manner as prescribed by this Chapter.
C.
Enforcement.
1.
It shall be the duty of the Administrative Officer and Planning and
Zoning Commission to enforce the provisions of this Chapter in the
manner and form and with the powers provided in the laws of the State
of Missouri.
2.
All departments, officials and employees of the City of Weston, County
of Platte, Missouri, which are vested with the duty or authority to
issue permit, shall issue no permit for any use, building or purpose
if the same would be in conflict with the provisions of this Chapter.
[Ord. No. 10.002 Art. 13, 9-12-1988]
Any subdivision which has received final approval by the Planning
and Zoning Commission prior to the adoption of this Chapter shall
be considered an approved final subdivision. If the approved final
subdivision is not recorded within three hundred sixty (360) days
after the date of the Planning and Zoning Commission's approval, said
approval shall be termed null and void. In the event a plat is considered
invalid, said plat shall then be resubmitted as a preliminary plat
and shall meet all requirements of this Chapter.
[Ord. No. 10.002 Art. 14, 9-12-1988]
The Board of Aldermen may, from time to time, adopt, amend and
make public rules and regulations for the administration of this Chapter
to the end that the public is informed and that approval of plats
be expedited. Any such amendments, rules and regulations shall be
made in accordance with the procedure established in the zoning ordinance
of the City of Weston, Missouri.
[Ord. No. 10.002 Art. 15, 9-12-1988]
A.
When
a subdivider can show that a provision of this Chapter would cause
unnecessary hardship if strictly adhered to and when, in the opinion
of the Planning and Zoning Commission, because of topographical or
other conditions peculiar to the site, a departure may be made without
destroying the intent of such provision, the Planning and Zoning Commission
may recommend a variance or modification to the Board of Adjustment.
The subdivider shall apply in writing to the Board of Adjustment
stating the reasoning on which the departure is justified. Any variance
or modification authorized by the Board of Adjustment shall be made
by resolution and a copy thereof shall be attached to and made a part
of the final plat.
B.
The
Board of Adjustment established under the authority of the zoning
ordinance shall receive any application for variance or modification
consideration in accordance with the procedures set forth in the zoning
ordinance of the City of Weston.
[Ord. No. 10.002 Art. 16, 9-12-1988]
A.
Any
person, firm or corporation who constructs any public improvements
or portion thereof in violation of the provisions of this Chapter
shall, upon conviction, be fined not more than five hundred dollars
($500.00) for each offense and a separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
B.
No
owner, or agent of the owner, of any land located within the platting
jurisdiction of any municipality, knowingly or with intent to defraud,
may transfer, sell, agree to sell, or negotiate to sell that land
by reference to or by other use of a plat of any purported subdivision
of the land before the plat has been approved by the Planning and
Zoning Commission and recorded in the office of the appropriate County
Recorder unless the owner or agent shall disclose in writing that
such plat has not been approved by such Planning and Zoning Commission
and the sale is contingent upon the approval of such plat by such
Planning and Zoning Commission. Any person violating the provisions
of this Section shall forfeit and pay to the municipality a penalty
not to exceed three hundred dollars ($300.00) for each lot transferred
or sold or agreed or negotiated to be sold; and the description by
metes and bounds in the instrument of transfer or other document used
in the process of selling or transferring shall not exempt the transaction
from this penalty. A municipality may enjoin or vacate the transfer
or sale or agreement by legal action, and may recover the penalty
in such action.
