[CC 1996 §410.010; Ord. No. 1012 §1, 5-6-1997]
A.
Purpose. The purpose of this regulation is to control the
division of land within the incorporated area of Bowling Green, Missouri,
in order to promote the public health, safety and general welfare
of the City by regulating the division of land in order to lessen
congestion in the streets and highways; to further the orderly layout
and appropriate use of land; to secure safety from fire, panic and
other dangers; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate adequate provision for
transportation, water, sewerage, schools, parks, playgrounds and other
public requirements; to facilitate the further division of larger
tracts into smaller parcels of land; and, in general, to facilitate
the orderly development of the incorporated area of Bowling Green,
Missouri.
B.
Application Of Regulation. The Pike County Recorder of Deeds
shall not record a subdivision of land located in the incorporated
area of Bowling Green until a plat of the subdivision of land has
been approved according to the requirements and provisions of these
regulations.
[CC 1996 §410.020; Ord. No. 1012 §2, 5-6-1997]
The following definitions shall apply in interpretation and
enforcement of this Chapter, unless otherwise specifically stated:
A minor right-of-way dedicated to public use which gives
a secondary means of vehicular access to back or side of properties
otherwise abutting a street and which may be used for public utility
purposes.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of unenclosed porches, terraces and steps.
The total area within the property lines excluding external
streets.
A parcel of land, intended to be used for urban purposes,
which is entirely surrounded by public streets, highways, railroad
rights-of-way, public walks, parks or greenstrips, rural land or drainage
channels or a combination thereof.
A line parallel to a street right-of-way line, shore of a
lake, edge of a stream or other property line established on a parcel
of land or lot for the purpose of prohibiting construction of a building
or structure in the area between such building line and right-of-way,
lakeshore, streambank or other property line.
The Planning and Zoning Commission of Bowling Green, Missouri.
A Comprehensive Plan of the City, whether in whole or in
part, as adopted by the Planning and Zoning Commission, approved by
the Board of Aldermen and duly recorded in the office of the County
Recorder. It may consist of several maps, data and other descriptive
matter for the physical development of the City or any portion thereof
including any amendment, extension or additions thereof adopted by
the Board of Aldermen indicating the general locations for major streets,
parks, schools or other public utilities, zoning districts or other
similar information.
Any person, persons, corporation or government agency undertaking
any development as defined in this Chapter. The term "developer" includes
such commonly used references as subdivider, owner and proprietor.
A grant by the owner of the use of land to a person or persons
or the general public for a specified purpose.
A professional engineer registered in the State of Missouri.
A professional engineer registered in the State of Missouri
and appointed by the City to fill that capacity.
The slope of a surface specified in percent and shown on
surface profile plan as required herein.
Any structural, material or physical change incident to servicing
or furnishing facilities for a subdivision such as, but not limited
to, grading, street pavements, curb and gutter, driveway approaches,
sidewalks and pedestrian ways, water mains and lines, sanitary sewers,
storm sewers, culverts, bridges, utilities, lakes, waterways, canals,
permanent street monuments and other appurtenant construction; demolition
of structures; planting and landscaping; or removal of trees and other
vegetative cover.
A land surveyor registered in the State of Missouri.
A platted parcel of land intended to be separately owned,
developed or otherwise used as a unit.
A lot abutting upon two (2) or more streets at their intersection.
The horizontal distance between the front and rear lot lines
measured along the median between the two (2) side lot lines.
A lot having frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
The boundaries of a lot.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building line.
The official plan of highways, primary and secondary thoroughfares,
parkways and other major streets, including collector streets, adopted
by the Planning Commission, approved by the Board of Aldermen and
duly filed in the office of the City Clerk and recorded in the County
Recorder of Deeds.
The object or the physical structure that marks the corner
point. Monuments of the public land surveys have included the deposit
of some durable memorial (e.g., a marked wooden stake or post, a marked
stone and iron post having an inscribed cap, a marked tablet set in
solid rock or in a concrete block, a rock in place marked with an
(X) at the exact corner point and other special types of markers)
some of which are more substantial. An iron pipe that is provided
with a bronze cap and is set in a concrete post at least twelve (12)
inches in diameter makes a suitable monument if it extends below frost
line and is so located as to minimize the chances of destruction by
public or private construction.
The map showing streets, highways and parks and drainage,
both existing and proposed. It shall be formally adopted by the City
as the Official Map.
A right-of-way dedicated to public use which cuts across
a block to facilitate safe pedestrian access to adjacent streets and
properties.
The City Administrator of the City for matters pertaining
to the subdivision of land.
A map, plan or layout of a City, township, section or subdivision
indicating to scale the location and boundaries of individual properties.
SKETCH PLATA drawing of the proposed subdivision, not necessarily to scale, but indicating general topographic features and the general layout of the proposed subdivision according to the requirements of Section 410.050.
PRELIMINARY PLATThe preliminary map indicating the proposed layout of the total subdivision so designated on the plat and meeting the requirements of Section 410.060.
FINAL PLATThe final map of all or a portion of the subdivision so designated on the plat and meeting the requirements of Section 410.070 and prepared for official recording with the Recorder of Deeds of the County.
The land opened, reserved or dedicated for a street, sewer,
water, walk, drainage course or other public purpose.
A structure, including necessary guardrails and steps, placed
within the right-of-way of existing streets or connecting buildings,
parking lots, public use area or other facilities having access to
the street right-of-way for the purpose of providing safe pedestrian
movement.
A general term denoting a public or private thoroughfare
which affords the principal means of access to abutting property.
The term includes all facilities which normally are found within the
right-of-way; it shall also include such other designations as highway,
thoroughfare, parkway, throughway, road, pike, avenue, boulevard,
lane, place, court or other such terms but shall not include alley
or pedestrian way.
A street which serves or is designed to serve as a trafficway
for a neighborhood or as a feeder to a major street.
A street or a portion of a street with only one (1) vehicular
traffic outlet. The closed end has a turnaround.
A street intended to serve primarily as an access to abutting
properties.
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic generating areas. Such streets
are freeways, expressways and arterials.
Any object or assembly of materials constructed or installed
on, above or below the surface of a parcel and includes, but is not
limited to, any combination of materials, whether portable or fixed,
having a roof, to form a building for occupancy by persons, animals
or property; anything attached to a building; any pole, pipeline or
other part of a distribution system whether located on, above or below
the surface of a parcel.
A person, firm, corporation, partnership or association who
shall lay out any subdivision or part thereof as defined herein, either
for himself/herself or others.
The division or redivision of land into two (2) or more lots,
tracts, sites or parcels, any one (1) of which is less than five (5)
acres in area, for the purpose, whether immediate or future, of transfer
of ownership or developments or dedication or vacation of a public
or private right-of-way or easement, provided however, that the division
or partition of land into parcels of more than five (5) acres not
involving any new street or easements of access and the sale or exchange
of parcels between adjoining lot owners, where such sale or exchange
does not create additional building sites, shall not be considered
a subdivision. When appropriate to the context, the word subdivision
relates to the process of subdividing or to the land or territory
subdivided.
MINOR SUBDIVISIONAny subdivision not containing more than three (3) lots and not involving any new street, roadway or major infrastructure improvement. A subdivision which meets the foregoing requirements shall only require approval by the Board of Aldermen.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision. A major subdivision shall require approval by the Planning and Zoning Commission and the Board of Aldermen.
A yard extending across full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto on the lot.
A yard extending across the full width of the lot between
the nearest rear main building and the rear lot lines. The depth of
the required rear yard shall be measured horizontally from the nearest
part of the main building toward the nearest point of the rear lot
lines.
A yard between a main building and the side lot line extending
from the front yard or front lot lines, where no front yard is required,
to the rear yard. The width of the required side yard shall be measured
horizontally from the nearest point of the side lot line toward the
nearest part of the main building.
[CC 1996 §410.030; Ord. No. 1012 §3, 5-6-1997]
A.
Use Of Unapproved Plat In Sale, Etc., Of Land. No owner,
or agent of the owner, of any land located within the City, 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 Board of Aldermen or Planning 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 Board of Aldermen or Planning Commission and the sale is contingent
upon the approval of such plat by such Board of Aldermen or Planning
Commission. Any person violating the provisions of this Section shall
forfeit and pay to the City 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. The City may enjoin
or vacate the transfer or sale or agreement by legal action, and may
recover the penalty in such action.
B.
Minor Subdivisions. The provisions of this Chapter requiring
preparation and submission of a subdivision plat shall not apply to
the sale of all or a part of a recorded lot of record; provided, that
not more than one (1) building lot is being created and not involving
any new streets.
C.
Building Permits. The designated City Official shall not
issue a building permit for any structure on a lot in a subdivision
for which a plat has not been approved and recorded in the manner
prescribed herein.
D.
Undeveloped Land. Land subject to flooding, land with excessive
slope and land deemed by the Planning and Zoning Commission to be
undesirable for development shall not be platted for residential occupancy
nor for such other uses as may involve danger to health, life or property
or to aggravated erosion or flood hazard. Such land shall be set aside
for uses compatible with existing conditions.
[CC 1996 §410.040; Ord. No. 1012 §4, 5-6-1997]
A.
A subdivision
may be developed in separate tracts or sections, which shall be successively
numbered and identified under the name of the subdivision as section
or tract one, two, three, etc. In such instance, the owner shall cause
to be prepared by a registered surveyor or a registered engineer a
general sketch plat of the entire subdivision showing the approximate
location of all arterial streets and/or highways, collector streets
and the public sanitary sewer and storm sewer drainage facilities
contemplated and reasonably required to serve the entire subdivision.
B.
Before
a general plan is submitted, it shall be the responsibility of the
owner or agent of the owner to submit in writing the proposed planned
subdivision to be considered for development. This plan needs to indicate
the approximate location, street, intersections, water and sewer connections
required for services and storm drainage needs. This is needed so
that it may be addressed by the proper City departments to check for
utility availability.
C.
When a general plan of the subdivision is required, the owner shall cause four (4) prints thereof to be filed with the City at the same time the preliminary plat of the first (1st) section or tract is filed. The designated City Official shall distribute the copies of the general plan in the manner and at the time provided in Subsection (C) of Section 410.060.
[CC 1996 §410.050; Ord. No. 1012 §5, 5-6-1997]
A.
Contents. Data furnished in a sketch plat for a subdivision
shall be as follows:
1.
Tract boundaries sufficient to identify and locate proposed subdivision.
2.
North point.
3.
The name of the proposed subdivision, the owner and all adjoining
property owners as disclosed by the most recent tax records.
4.
All existing streets and roads, streams and structures within the
proposed subdivision and within two hundred (200) feet therefrom.
5.
Significant topographical or physical features as may be necessary
or required by the Planning and Zoning Commission.
6.
Proposed general street and utility layout.
7.
Proposed general lot layout.
8.
The proposed general location of buildings and other structures.
B.
Submission Procedure. Each developer shall submit to the designated City Official two (2) copies of a sketch plat as described in Subsection (A) of this Section for the proposed subdivision. Such sketch plat will be considered as submitted for informal discussion between the Planning and Zoning Commission and the developer. As far as may be practical on the basis of the sketch plat, the owner/developer will be informally advised of the extent to which the proposed subdivision conforms to the requirements of this Chapter. When the sketch plat being submitted is classified as a minor subdivision, the owner may by-pass the preliminary plat procedure and submit a final plat as outlined in Section 410.070.
[CC 1996 §410.060; Ord. No. 1012 §6, 5-6-1997]
A.
Generally. An owner who intends to subdivide land into lots
for the purposes of sale and/or development or to dedicate land for
streets, alleys, parks or other public use shall have prepared by
a registered surveyor or a registered engineer a preliminary plat
of the land within the subdivision or the section or tract thereof
to be developed first, prior to developing the land. As additional
sections or tracts of the subdivision are desired to be developed,
a preliminary plat of each section or tract shall be filed and all
of the provisions of this Chapter shall be observed.
B.
Contents. The preliminary plat shall be drawn to an appropriate
and legible scale and shall show or be accompanied by the following
information:
1.
Tract boundaries including bearings and distances.
2.
Scale, date and north point shall be indicated on each map or plan.
3.
The location of all existing property lines, north points, scale,
adjoining streets and alleys, watercourses, storm sewers, sanitary
sewers, water mains, gas mains and other pertinent utilities; culverts
or other existing pertinent features within the area to be subdivided
and in the adjoining streets or alleys.
4.
The names of all adjoining subdivisions, if any.
5.
The proposed lot layout, location and width of all streets and alleys
and the zoning districts in which the land to be subdivided is located
according to the current Zoning Map of the City.
6.
Proposed deed restrictions, protective covenants and homeowners'
association articles of incorporation and bylaws.
7.
The title under which the subdivision is to be recorded, the names(s)
of the owner(s) of the same, including the names of the officers of
any corporate owner and the name of the registered surveyor or registered
engineer platting the tract of land to be subdivided.
8.
A map of the applicable portion of the City, upon which shall be
sketched the correct location of the proposed subdivision and its
boundaries.
9.
Existing topography with contours at a maximum of two (2) foot intervals.
All topography data shall directly relate to U.S.G.S. data.
10.
Stormwater management plan, calculations and proposed size, nature
and location of all proposed storm drainage system improvements.
11.
The proposed location of all utilities.
12.
All proposed public areas.
13.
Each street identified by its proposed street name.
14.
Cost estimate of all public infrastructure improvements — certified
by the same engineer who prepared the preliminary plat.
15.
Identification, location and nature of all proposed zoning and uses
to be included within the subdivision.
17.
Preliminary outline of deed restrictions to be used.
18.
Receipt from the City Clerk showing paid preliminary plat fee.
C.
Submission And Approval Procedure.
1.
The ownership/developer shall submit four (4) prints of the preliminary
plat to the City. Upon submission of the preliminary plat to the City,
the Planning and Zoning Commission through the City Clerk shall insure
that the public is notified of the proposed subdivision by running
a notice thereof in one (1) insertion in a newspaper of general circulation
within the City (fourteen (14) days prior to meeting date).
2.
At its next regularly scheduled meeting, the Planning and Zoning
Commission shall review the plat. In addition to the notification
provided to the public as set forth in Subparagraph (1), the owner/developer
shall be notified and advised of the date, time and place of the Planning
and Zoning Commission meeting. At such meeting, the owner/developer
shall appear to present other information as necessary and to answer
such questions as the Planning and Zoning Commission may present.
3.
Within sixty (60) days after the submission of a plat to the Commission,
the Commission shall approve or disapprove the plat; otherwise the
plat is deemed approved by the Commission, except that the Commission,
with the consent of the applicant for the approval, may extend the
sixty (60) day period. The grounds of disapproval of any plat by the
Commission shall be made a matter of record.
4.
If the Planning and Zoning Commission conditionally approves the plat, it shall state in writing any revisions, modifications, additions or deletions required of the owner by State law and/or Sections 410.010 — 410.050 before a final plat may be approved. Such revisions, modifications, additions or deletions to the preliminary plat may relate:
a.
To the width and/or alignment of streets;
b.
To the type, capacity and location of sanitary sewer and/or storm
sewer facilities;
c.
To the location and capacity of all public utility facilities;
d.
To the location, width and purpose of easements appearing on the
preliminary plat or required by the City for public use;
e.
To lot sizes and/or lot layout; and
f.
To such other matters as, in the opinion of the Planning and Zoning
Commission, may be in the public interest.
5.
The Planning and Zoning Commission shall submit a written report
of its action on the plat to the owner and the Board of Aldermen,
along with a copy of the plat, indicating necessary revisions or modifications.
If the owner is aggrieved with the Planning and Zoning Commission's
report, the owner may appeal therefrom to the Board of Aldermen by
filing a notice of appeal with the City Clerk and the Chairman of
the Planning and Zoning Commission within ten (10) days from the date
of the written report.
At the next regular scheduled Board of Aldermen meeting, the
Board of Aldermen shall conduct a public hearing which shall be set
on the issues in controversy.
At the first (1st) Board of Aldermen meeting following the public
hearing, the Board of Aldermen shall declare its findings in writing
and enter its order approving, modifying or rejecting the report of
the Planning and Zoning Commission.
Approval of the preliminary plat shall authorize the owner to prepare the final plat and complete engineering designs, subject to the provisions of Section 410.070, but such approval shall not constitute an approval of the plat for purposes of recordation or for the sale and/or development of any tract or parcel of land within the area represented by the preliminary plat.
[CC 1996 §410.070; Ord. No. 1012 §7, 5-6-1997; Ord.
No. 1280 §I, 4-15-2002]
A.
Contents. A final plat of the subdivision or section or
tract thereof shall be drawn to a scale of not more than one hundred
(100) feet to the inch and shall contain or be accompanied by the
following information:
1.
The title under which the land is to be recorded; if the plat is
of a section or tract of a subdivision, the identification by section
or tract number.
2.
The names of the owners of the land platted and, if the owner is
a corporation, the names of the officers thereof.
3.
The name and registration number of the surveyor or engineer, registered
in the State, who prepared the plat.
4.
The classification of all land platted by zoning district classification
according to the current Zoning Map of the City.
5.
The north point and scale.
6.
The exterior boundaries of the land platted including bearings and
distances.
7.
The right-of-way widths of all streets and the proposed improved
widths of all roadways including the types of roadway and thickness
of pavement.
8.
The locations of proposed public sidewalks, if any.
9.
The location of existing buildings on the land platted.
10.
All areas of land to be dedicated for public use and their intended
use. These areas will be intended for such uses; however, such public
use areas will be dedicated to the City for public use in general.
11.
The widths, names and lines of all streets on land adjoining the
land shown on the plat.
12.
In the event there are branching streets or alleys on the plat, the
angle of departure from one street or alley to another, except where
the angle of departure is either ninety degrees (90°) or one hundred
eighty degrees (180°).
13.
The location and dimensions of all utility easements on the plat.
14.
All linear and angular dimensions necessary to locate the boundaries
on the plat in relations to a section or quarter-section corner or
line or an established in lot or outlot line.
15.
All linear and angular dimensions of all streets, alley, lots, utility
easements, sanitary sewer and surface water drainage easements and
lot setback lines or other areas on the plat and such linear dimensions
shall be expressed in feet and decimals of a foot.
16.
All radii, arcs and chords, points and tangency and central angles
for all curves and rounded corners on the plat.
17.
The location and description of all monuments and all streets, alley lots or other area corners, intersections and all perimeter corner or angle points shall be marked with a suitable, durable monument as defined in Section 410.020.
18.
The form for dedication to public use or areas identified as right-of-way
for streets, alleys, boulevards, drives, roadways of any kind, parkways,
parks, sanitary sewer easements, surface water easements and public
utility easements and all other areas intended for public use, with
appropriate spaces for the signatures of the owners, trustees or mortgagees,
if any, of the land platted.
19.
All restrictive covenants appearing upon and applying to any lots
on the final plat shall be signed by the owners, trustees and mortgagees,
if any, of the lots.
20.
A form for the approval of the Planning and Zoning Commission and
the Mayor and certification by the City Clerk which may be on the
final plat or as separate attachment thereto.
B.
Submission And Approval Procedure.
1.
Within six (6) months, or within such additional time as the owner/developer
may request and the Planning and Zoning Commission may allow, from
the date of approval of the preliminary plat of a subdivision or section
or tract thereof, the owner/developer shall cause to be prepared by
a registered surveyor or registered professional engineer and shall
submit to the Board of Aldermen for its approval the final plat thereof,
which may be referred by the Board of Aldermen to the Planning and
Zoning Commission for further review and/or recommendations.
2.
If the owner/developer fails to file with the Board of Aldermen the
final plat within the time mentioned in Subparagraph (1) of this Subsection,
the Board of Aldermen shall, by written report, vacate and set aside
its previous action by the Planning and Zoning Commission approving
the preliminary plat. The written report shall be sent to the owner/developer
and a copy thereof filed with the Planning and Zoning Commission.
The report referred to herein shall be final and unappealable. Nothing
contained herein shall prevent the same or subsequent owner from resubmitting
the proposed development plans in the same manner if it were a new
application.
3.
At the next regularly scheduled meeting, the Board of Aldermen shall
review the final plat and design plans. At such meeting, the owner/developer
shall appear and be heard.
4.
Within sixty (60) days or such additional time as the owner/developer
consents to in writing from the date the plat was filed with the Board
of Aldermen, the Board of Aldermen shall act upon the plat and plans
and approve, conditionally approve or disapprove same.
5.
If the plat and design plans are submitted by the Board of Aldermen
to the Planning and Zoning Commission for its further review and/or
recommendations, the Planning and Zoning Commission shall act thereon
within sixty (60) days. If referred to the Planning and Zoning Commission,
the time schedule referred to in Subparagraph (4) above shall not
commence until the earlier of the expiration of the sixty (60) days
set forth in this Subparagraph or the Planning and Zoning Commission
returns the plat to the Board of Aldermen.
6.
If the Board of Aldermen approves the final plat, the plat shall
be signed by the Mayor and certified by the City Clerk. In addition,
the owner shall furnish the City with the original tracing and a reproducible
copy of the final plat as approved.
Approval of the final plat by the Board of Aldermen constitutes
acceptance of the dedications of easements and street rights-of-way
as property but does not constitute acceptance of streets or other
improvements for maintenance.
No final plat of any subdivision shall be recorded unless:
a.
The owner/developer agrees with the Board of Aldermen upon an assessment whereby the City is put in an assured position that the improvements listed in Section 410.080 will be installed at the cost of the owner/developer;
c.
The owner/developer files with the Board of Aldermen a surety bond
conditioned to secure the construction of the improvements in a satisfactory
manner and within a period specified by the Board of Aldermen, such
period not to exceed two (2) years; provided, that such bond or check
shall not be accepted unless it is enforceable by or payable to the
City in a sum at least equal to the cost of constructing the improvements
as estimated by the City and in form with surety and conditions approved
by the City Attorney.
C.
As-Built Drawing Of Subdivision Improvements. After the
subdivision utilities have been constructed and installed, but before
the inspecting agencies recommend final approval of acceptance, the
owner/developer shall submit the necessary as-built drawings of subdivision
improvements as required by the Planning and Zoning Commission.
D.
Acceptance And Final Approval. Before a subdivision file
can be completed and the owner/developer's obligation to the City
of Bowling Green is terminated, all required improvements shall be
constructed under the supervision of the inspecting agency and accepted
for maintenance or given final approval by the City of Bowling Green.
The City shall not accept and grant final approval to any subdivision,
nor the final plat thereof, until the owner/developer has filed with
the City:
E.
Modification And Exceptions.
1.
Lot-splits. Any proposed lot-split shall be submitted
to the Planning and Zoning Commission for review and if the Planning
and Zoning Commission, acting through its representative, is satisfied
that such proposed lot-split is not contrary to applicable regulations,
it shall, within sixty (60) days after submission, approve such lot-split
and, on presentation of a conveyance of said parcel, shall stamp the
same "Approved by the Planning and Zoning Commission, no plat required"
and have it signed by the Street Commissioner or other official as
may be designated by it. In so doing, the Planning and Zoning Commission
may require the submission of a sketch plat, record of survey and
such other information as it may deem pertinent to its determination
hereunder.
2.
Undue hardship. In any particular case where the
owner/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 Planning and Zoning Commission
may modify such requirement to an 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 or the desirable general
development or welfare of the neighborhood and the community in accordance
with the Comprehensive Plan and the zoning ordinance. Any modification
thus granted shall be indicated within the minutes of the Planning
and Zoning Commission setting forth the reasons which in the opinion
of the Planning and Zoning Commission justified any modification.
[CC 1996 §410.080; Ord. No. 1012 §8, 5-6-1997; Ord.
No. 1334 §I, 12-16-2002]
A.
General Standards.
1.
Sanitary sewers and water systems. All sanitary
sewers and water systems in this Section being developed shall be
constructed according to the standards and specifications of the State
Clean Water Commission, Missouri Department of Natural Resources and
the City of Bowling Green. All cost for services shall be borne by
the developer/owner.
2.
Installation of utility services. Utility services
shall be installed under the proposed streets prior to paving, where
subsurface conditions prevent pushing of the services under the completed
pavement. Sewer laterals shall also be stubbed-in prior to street
paving, if the sewer main is located on the street right-of-way. All
such service connections shall be adequately referenced and marked
for future use. All such services shall be installed in accordance
with applicable codes and ordinances.
3.
Fire hydrants. In every subdivision, fire hydrants
shall be located in accordance with the current specification of the
National Board of Fire Underwriters and Missouri Department of Natural
Resources. In no case shall any platted lot be located further than
three hundred (300) feet from a fire hydrant. All costs shall be borne
by the developer/owner.
4.
Acceptance of streets by City. Upon completion of
street paving, the contractor shall request, in writing, acceptance
of the street by the City for maintenance. The City will not accept
streets for maintenance until the pavement has been inspected and
until all provisions of this Chapter have been met. In addition, the
City will not accept the dedication of a street until at least two
(2) years after the completion of construction of the street.
[Ord. No. 1810 §§I —
II, 9-19-2016]
5.
Monuments. Monuments as described in Section 410.020 shall be installed and adequately referenced to facilitate future replacement. Control point monument locations shall be verified and/or re-established after street paving has been completed and prior to acceptance of the street for maintenance by the City.
6.
Street lighting. All necessary lighting as required
per City ordinance shall be installed by the developer prior to acceptance
of street. All cost shall be borne by the developer/owner.
B.
Residential Lot Design Standards. The size, shape and orientation
of lots may be designed to provide desirable building sites logically
related to topography, natural features, streets and adjacent land
uses. Due regard shall be given to natural features such as large
trees; unusual rock formations; watercourses; and sites which have
historical significance, scenic views and similar assets, the preservation
of which would add attractiveness and value to the subdivision. The
following minimum standards are set forth as guides to these goals.
1.
Each proposed lot containing an area of less than five (5) acres
shall front upon a street improved to the standards and specifications
of the City of Bowling Green.
2.
Lots with double frontage shall be avoided, except where necessary
to provide separation of development from traffic arteries or as otherwise
required by topography or similar conditions.
3.
Where additional widening strips are dedicated on existing street,
calculations of the area of a lot should not include widening strips
in determining the gross area of the lot.
4.
The lot shall meet the requirements of the zoning ordinance. No lot
shall have a width of less than seventy-two (72) feet at the building
line.
5.
The minimum frontage required for a lot fronting on a circular turnaround
may be measured along a line parallel to the street right-of-way line,
at a distance from the street right-of-way line equal to the depth
of the required front yard plus ten (10) feet.
6.
The minimum frontage at the right-of-way line for lots fronting on
a circular turnaround shall not be less than fifty (50) feet.
7.
Side lot lines shall be at right angles to straight streets and radial
to curved street, except when said radial lot lines detract from the
desirability of the lot, in which event some deviation may be allowed.
8.
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, soil
conditions, steepness of terrain, flood conditions or other adverse
natural physical conditions, the Commission may, after adequate investigation,
withhold approval of such lots until engineering studies are presented
to the Commission which establish that the method proposed to meet
any such condition is adequate to avoid any danger to health, life
or property.
9.
Building lines shall show on plats on all lots intended for residential
use and of commercial lots adjacent to residential area and shall
not be less than the setback required by the zoning ordinance.
10.
Corner lots for residential use shall have adequate additional width
to permit an appropriate building setback from both streets.
C.
Non-Residential Subdivision — Principles And Standards. In addition to the standards of this regulation which are appropriate
to the planning of all subdivisions, the owner/developer shall demonstrate
to the satisfaction of the Planning and Zoning Commission that the
street, parcel and block pattern proposed is specifically adapted
to the uses anticipated. The following standards shall, therefore,
be observed.
1.
Proposed industrial parcels shall be suitable in area and dimensions
to the types of industrial development anticipated.
2.
Street right-of-way and pavement shall be adequate to accommodate
the type and volume of traffic anticipated.
3.
The Commission may impose special requirements with respect to streets,
curbs, gutters, street lights, street trees, sidewalks and the installation
of public utilities, including water, sewer and stormwater drainage
and other improvements, to meet special needs.
4.
Every effort shall be made to protect adjacent residential area from
the proposed non-residential subdivision, including the provision
of extra depth in parcels adjacent to an existing or potential residential
development and provision for a permanently landscaped buffer strip
where indicated by the Planning and Zoning Commission.
5.
Streets carrying non-residential traffic, especially truck traffic,
may not be extended to the boundaries of adjacent residential areas
and not be connected to streets intended for predominantly residential
traffic.
D.
Blocks.
1.
Length. Block lengths shall not be less than three
hundred (300) feet and not more than one thousand (1,000) feet except
as the Commission deems necessary to secure the efficient use of land
or desired features of street layout.
2.
Width. Blocks shall be wide enough to allow two
(2) tiers of lots of sufficient depth to provide an adequate building
site on each lot, except as consistent with street design standards
set forth.
3.
Pedestrian ways. The Commission may require pedestrian
ways to insure the public safety. In the event that a pedestrian way
is required, it shall be four (4) feet wide of an appropriate surface
with a grade longitudinally not exceeding five percent (5%). The developer
of the proposed subdivision shall record a maintenance agreement of
said pedestrian ways as required by the Commission.
E.
Street Right-Of-Way Requirements And Utility Easements.
1.
Highways and major thoroughfares. Highways and major
thoroughfares shall have right-of-way widths as specified in the official
major street plan of the Comprehensive Plan. However, these shall
not be less than the right-of-way width specified for a secondary
thoroughfare.
2.
Collector streets. Collector streets shall have
the right-of-way width of sixty (60) feet.
3.
Minor streets, dead-end streets and cul-de-sac streets. All minor streets shall have a right-of-way width of fifty (50)
feet. All dead-end streets shall terminate in a circular turnaround
having a minimum right-of-way diameter of one hundred (100) feet,
unless the Planning and Zoning Commission approves a "T" or "Y" shaped
paved space in place of the required turning circle. Turnarounds may
not be required on dead-end streets which are less than two hundred
fifty (250) feet in length and are planned to be extended in the future.
4.
Alleys. Alleys, where platted, shall have a minimum
right-of-way width of twenty (20) feet.
5.
Utility easements. Utility easements, where required,
shall be at least 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.
F.
Minimum Pavement And Sidewalk Widths. Minimum pavement widths,
face of curb to face of curb (with the curb including any gutter),
required to be installed at owner/developer's expense, shall be as
follows:
[Ord. No. 1958, 1-24-2022]
1.
Major thoroughfares and collector streets. Thirty-six
(36) feet. In the case of a major thoroughfare or collector street
requiring pavements wider than thirty-six (36) feet, the matter of
financial and other arrangements for installing such wider pavements
at the time the developer will make the improvements shall be taken
up by the developer with the officials having jurisdiction.
2.
Minor, dead-end and cul-de-sac streets. Twenty-six
(26) feet. The pavement of a turning circle at the end of a dead-end
street shall have a minimum outside diameter of eighty (80) feet.
A "T" or "Y" shaped paved space, when approved by the Planning and
Zoning Commission in place of a turning circle, shall extend entirely
across the width of the street right-of-way, except for sidewalk space,
and shall be at least ten (10) feet wide with the flared portion rounded
by minimum radii of twenty (20) feet.
3.
Alleys and service drives. Minimum width of twenty
(20) feet.
4.
Sidewalks. Sidewalks may be installed on both sides
of all major streets on one (1) side of collector streets and may
be required by the Planning and Zoning Commission on any street, including
minor residential streets. Sidewalks shall have a minimum width of
four (4) feet in residential areas. In commercial and industrial areas
sidewalks may be required as deemed appropriate by the Planning and
Zoning Commission.
G.
Street Grades And Curves. The grades of streets shall not
exceed the following, except that where unusual or exceptional conditions
exist, the Planning and Zoning Commission may modify these requirements.
1.
Highways and major thoroughfares. Four percent (4%).
2.
Collector streets. Seven percent (7%).
3.
Minor streets, service drives and alleys. Twelve
percent (12%).
4.
Pedestrian ways or crosswalks. Five and nine-hundredths
percent (5.09%), unless steps of an acceptable design are to be constructed.
5.
Minimum grade. In no event shall the minimum grade
of any street or alley be less than five-tenths of one percent (0.5%).
6.
Radii of curvature. The radii of curvature on the
centerline shall not be less than four hundred (400) feet for major
thoroughfares, two hundred fifty (250) feet for collector streets
and one hundred fifty (150) feet for minor streets.
7.
Corner radii. Curbs at intersections shall have
a minimum of thirty-two (32) feet at the back of the curb.
H.
Lot Dimensions, Shapes And Position. 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 one (1) to one (1) or two (2) to one
(1) will normally be considered appropriate, except in the case of
narrow lots.)
2.
Street access. Every lot shall abut on a street.
3.
Width. Lots for residential purposes shall have
sufficient width at the building setback lines to permit compliance
with side yard of distance requirements of the applicable zoning ordinance
or regulations and still be adequate for a building of 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 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 the applicable zoning ordinance or regulations, the minimum lot
size for residential purposes shall be seven thousand two hundred
(7,200) square feet with a minimum frontage of thirty (30) feet, a
minimum side yard of eight (8) feet and a rear yard of thirty (30)
feet — except for accessory structures.
I.
Street Construction.
1.
Streets shall be graded to full width of the right-of-way and fully
constructed with all-weather macadam or concrete wearing pavements
surfaced with asphalt or Portland cement wearing surfaces, concrete
curbs and gutters, in accordance with the standard street specifications
of the City of Bowling Green.
2.
Improvement of existing streets. For any development
fronting on an existing road or street it shall be the responsibility
of the developer to bring the road or street up to City specifications
to the centerline of the road or street, plus an additional eight
(8) feet of width as per City specifications. Curbs are to be installed
by the developer on the developer's side of the road or street.
J.
Water Supply. 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 in accordance with the requirements of the Missouri
Inspection Bureau. The Planning and Zoning Commission shall not approve
the final plat thereof until the Missouri State Department of Natural
Resources has issued a construction permit for the water distribution
system to service the area being platted. The developer/owner shall
bear the cost to connect to the City main.
K.
Storm Drainage. Every subdivision shall be provided with
a stormwater sewer or drainage system adequate to serve the area being
platted and otherwise meeting the approval of the officials having
jurisdiction.
L.
Sewerage.
1.
The subdivision shall be provided with a complete sanitary sewer
system connected with such sewer main, including a lateral connection
for each lot. Such systems and connection shall comply with the regulations
of the City and Missouri State Department of Natural Resources and
Missouri Clean Water Commission.
2.
The developer shall install sewers in conformity with such plans.
3.
Where no sewers are accessible and no plans for a sewer system have
been prepared and approved, the developer shall install a sewage collection
and disposal system in accordance with the requirements of the City.
Systems shall be constructed and maintained in accordance with the
regulations and requirements of the Missouri Department of Natural
Resources. The requirements of lift stations to discharge to the City's
existing mains shall be the responsibility of and all costs shall
be borne by the developer/owner.
M.
Planting, Street Lighting.
1.
Landscaping. All landscaped strips, parkways and
screening areas dedicated to the public shall be graded, seeded and
planted in an appropriate manner.
2.
Lighting. Provisions shall be made by the developer
for adequate lighting of public streets within the proposed subdivision
in accordance with standards and specifications of the Planning and
Zoning Commission.
N.
Street Name Signs And Street Naming.
1.
Street name signs meeting the requirements of the City shall be erected
by the owner/developer at all intersections.
2.
For purposes of street naming, the following suffixes should be applied;
3.
Whenever a new street is constructed along the approximate alignment
or extension of an existing street, its name shall be the same as
that of the existing street.
4.
Whenever a cul-de-sac street serves not more than three (3) lots,
the name of the intersecting street shall apply to the cul-de-sac.
5.
To avoid duplication and confusion, the proposed names of all streets
shall be approved by the Planning and Zoning Commission prior to such
names being assigned or used.
O.
Electric And Telephone Lines. Easements for underground
conduits for electric light or telephone lines shall be provided along
rear and side lot lines.
P.
Monuments Construction. Permanent and other monuments shall
be placed in accordance with the following requirements and under
the supervision of the Planning and Zoning Commission representative
or his/her designee.
1.
Street points. Monuments shall be set at the intersection
of all streets and the beginning and end of all curves along street
centerlines.
2.
Curb marks. Curbs shall be permanently marked at
the beginning and end of all curves and at the prolongation of all
side lines.
3.
Stakes. Stakes of a permanent nature shall be set
at rear lot corners; top to be set not more than twenty (20) inches
above ground.
[Ord. No. 1698 §§I —
II, 8-20-2012]
A.
When
the recorded owner of two (2) or more contiguous lots desires to consolidate
lots, the owner shall indicate the proposed consolidation in writing
to the Administrative Officer and pay the applicable fee upon filing.
No amended record plats are needed as long as the external boundary
in question shall be used as one (1) lot. However, an exhibit including
the following information shall be provided:
B.
The
letter requesting consolidation and the exhibit shall be approved
by the City of Bowling Green and recorded with the Pike County Recorder
of Deeds. A recorded copy of the letter and exhibit shall be returned
to the City.
Variances may be granted by the Board of Adjustment where there
are demonstrated practical difficulties or unnecessary hardship in
compliance with specific provisions of this Chapter, public safety
and welfare are secured and substantial justice done.
[CC 1996 §410.100; Ord. No. 1012 §10, 5-6-1997]
A.
General Provisions. The Planning and Zoning Commission may
adopt, amend and publish rules and instructions for the administration
of the subdivision regulation to the end that the public be informed
and that approval of plats be expedited.
B.
Fees. The fees for the review of plans and plats and for
other sundry costs incurred by the City of Bowling Green in the platting
process shall be paid to the City Clerk by the developer. These fees
shall be set from time to time by the City Administrator and kept
on file in the office of the City Clerk. The fees herein provided
shall be in addition to any other fees imposed by this Chapter or
other ordinances.
C.
Violations And Penalties.
1.
Any person, persons, firm, association or corporation violating any
provisions of the subdivision regulation or any employee, assistant
or any other person participating or taking any part in, joining or
aiding in a violation of any provision of the subdivision regulation
may be prosecuted as provided by law for the violation of ordinances
of the City of Bowling Green and upon conviction shall be punished
by a fine not exceeding five hundred dollars ($500.00) for any one
(1) offense or imprisonment in the County Jail for not more than ninety
(90) days or both such fine and imprisonment. Each day a violation
continues after service of written notice to abate such violation
shall constitute a separate offense.
2.
In addition to the penalties hereinabove authorized and established,
the City Attorney shall take such other actions at law or in equity
as may be required to halt, terminate, remove or otherwise eliminate
any violations of this Chapter.
D.
Enforcement.
1.
No plat of any subdivision shall be entitled to record in the County
Recorder's office or have any validity until it has been approved
in the manner prescribed herein.
2.
The Board of Aldermen shall not permit any public improvements over
which it has any control to be made or any money expended for improvements
in any area that has been subdivided or upon any street that has been
platted after passage and approval of this Chapter, unless such subdivision
or street has been approved in accordance with the provisions of Title
IV titled Land Use of the Bowling Green Municipal Code.
