[Ord. No. 69 §I, 7-5-1960]
For the purpose of this Chapter, certain terms and words are
herewith defined as follows:
A way for vehicular traffic, including any designated as
a freeway, highway, boulevard, parkway or however otherwise designated,
which has been duly accepted for maintenance by the Missouri State
Highway Commission, the St. Louis County Council, or the Board of
Aldermen of the City of Manchester, or a private street improved to
the standards of this Chapter.
Board of Aldermen of the City of Manchester, Missouri.
A line on a plat or on the City Plan between which line and
street or private place no building or structures may be erected.
The Planning and Zoning Administrator or his/her designee.
A plan or plans adopted by the Commission and Board of Aldermen
as part of this Chapter and deposited with the Clerk of the City of
Manchester, showing the plan of development of major streets, schools,
parks, open spaces, public grounds and similar facilities within the
corporate limits of the City of Manchester and the areas of future
growth.
A street which carries or is proposed to carry traffic from
minor streets to major streets, including the principal entrance street
of a subdivision, streets serving seven hundred fifty (750) or more
dwelling units, or streets designed and located to collect traffic
from four (4) or more residential streets, or streets of this character
which are designated as collector streets on the City Plan.
City Planning and Zoning Commission of the City of Manchester,
Missouri.
A street running parallel to and adjacent to a major street
intended to provide access to abutting properties and protection from
through traffic.
A street of substantial continuity which serves or is intended
to serve fast or large volumes of traffic and is designated on the
City Plan as a major street.
A street used primarily for access to abutting property in
the form of a cul-de-sac or short loop street. Future minor streets
are not shown on the City Plan.
A map, chart or drawing to scale of a tract of land to be
subdivided showing such information as required elsewhere in this
Chapter.
A street used primarily for access to abutting property and
to minor streets. Residential streets are continuous to afford good
circulation but are not intended to collect traffic or serve large
volumes of traffic. Future residential streets are designated on the
City Plan.
The division of a lot, tract or parcel of land into two (2)
or more lots, plots, sites or other division of land for the purpose
of either immediate or future sale or of building development. It
also includes resubdivision of land or lots.
[Ord. No. 69 §II, 7-5-1960]
A.
All plats,
plans and other material submitted by subdividers shall be filed with
the Building Official and Inspector who shall present them to the
Commission, Board of Aldermen and Building Official for their consideration
and action as required by this Chapter. Every subdivision of land
within the City of Manchester shall be by recorded plat rather than
metes and bounds description, and no subdivision of land shall be
made except according to the requirements and procedures of this Chapter.
B.
Preliminary Plat.
1.
A preliminary plat of a tract or parcel of land proposed for subdivision shall be submitted in ten (10) copies to the Commission for its study and approval in such form and along with such other information as may be required by Section 415.030 of this Chapter. Such tract or parcel of land shall be within the City of Manchester or annexation to the City shall have been requested.
2.
The Commission shall review the preliminary plat against the requirements of Section 415.050 of this Chapter and other ordinances of the City of Manchester, the City Plan and against the existing and future physical environs of the proposed subdivision.
3.
The
Commission shall accept or reject the preliminary plat within sixty
(60) days after its submission to the Commission and failure to accept
or reject the preliminary plat shall be deemed approval by the Commission,
provided that the applicant may agree to an extension of the time
for a period not to exceed thirty (30) days.
4.
The
action of the Commission shall be noted on two (2) copies of the preliminary
plat along with the initials of the Chairman or Secretary of the Commission.
Approval may be subject to conditions and such conditions shall be
attached to both copies. One (1) copy shall be returned to the subdivider
and one (1) copy shall be retained by the Commission.
C.
Grading And Improvements. Tree removal, grading or improvements
shall not be started until the preliminary plat has been approved.
Approval of the preliminary plat is an authorization to prepare the
final plat, complete engineering designs and commence grading and
improvements, but shall not constitute approval of the subdivision
for recording, the sale of lots, or any other purpose.
D.
Final Plat.
1.
The subdivider shall also submit to the Commission, for its approval or rejection, a final plat of the subdivision which shall contain the data and information outlined in Section 415.030 of this Chapter. The final plat and plans, relating to construction data, shall be prepared and shall bear the signature and seal of an engineer licensed to practice professional engineering in the State of Missouri. If the Commission approves the final plat, such approval and date thereof shall be noted on the tracing cloth over the signature of both the Chairman and the Secretary of the Commission.
2.
After
approval of the subdivision by the Building Official and the Commission,
it shall be submitted to the Board of Aldermen for final approval
or rejection and for acceptance or rejection of streets, ways and
other areas preserved for or dedicated to the public.
3.
Two
(2) copies of all final plats shall be filed in the office of the
City Clerk after approval by the Board of Aldermen.
[Ord. No. 69 §III, 7-5-1960]
A.
Preliminary Plat.
1.
Each
subdivider of land should confer with the Building Official or with
other City Officials before preparing the preliminary plat to become
familiar with the proposed City Plan and with ordinances or policies
affecting the territory in which the proposed subdivision lies.
2.
The
preliminary plan shall be drawn to scale and shall show the topography
of the tract, the location of proposed streets, lot lines, building
lines, sidewalks, street lights and any open spaces. All parks, open
space, streets, building lines, or other physical features indicated
on the City Plan for the lot or tract to be subdivided shall be shown
on the preliminary plat, as well as parks, open space, or other areas
proposed to be set aside by the subdivider. The plan shall also show
immediately surrounding streets, lots, watercourses and sewers or
water mains. The scale of such preliminary plans shall not be more
than two hundred (200) feet to one (1) inch. The subdivider shall
submit a statement of the type or character of the improvements that
he/she proposes to install and an outline of the deed restrictions
and covenants that will be placed upon the subdivision.
3.
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.
B.
Final Plat. The final plat on tracing cloth and additional
prints thereof as required by the Commission shall be submitted to
that body. It shall show:
1.
The
boundaries of the property; the lines of all proposed streets with
their width and names; and any other areas intended to be dedicated
to public use or to be set aside for the common use of lot owners.
2.
The
lines of adjoining streets with their width and names.
3.
All
lot lines, building lines and easements with figures showing their
dimensions.
4.
All
dimensions, both linear and angular, necessary for locating boundaries
of the subdivided area or of the lots, streets, easements and building
line setbacks and any other similar public or private uses. The linear
dimensions shall be expressed in feet and decimals of a foot.
5.
Radii,
arcs and chords, points of tangency, central angles for all curvilinear
streets and radii for all rounded corners.
6.
All
monuments, together with their descriptions, as well as elevations
related to sea level datum.
7.
Proper
acknowledgments of owners and mortgagees accepting said plat and restrictions
or reference thereto. The following material shall also be presented
with the final plat:
a.
Certificates
of title and description of property subdivided showing its location
and extent, points of compass, scale of plan and name of subdivider
and of surveyor staking the lots.
b.
Plan
and profile of all streets, storm and sanitary sewers, water lines
and drainage structures, together with their drainage area, cross-sections
of street and sidewalk grading and proposed constructions. Plans shall
show the lines of all proposed sidewalks and the location of all proposed
street lights.
c.
Copies
of indentures containing restrictions and establishing trusts, unless
these items are set out in full on the final plat.
d.
A
certificate that all taxes due have been paid.
e.
A
certificate by the surveyor or engineer stating that all lots conform
to the requirements of the zoning district in which it is located.
f.
A
plan of the subdivision showing the floor elevation, floor plan and
sitting of each building, as well as a description of the exterior
materials and colors, type of carport or garage, height and type of
roof, number and size of windows, fences and landscaping.
[Ord. No. 69 §IV, 7-5-1960]
A.
A plan
or plans showing future streets, right-of-way, street widening, cross-sections
of streets, private parks and open spaces, sites for parks; schools
or other public uses; natural drainage areas, historic buildings or
sites, building lines, or other features which are to be incorporated
into new subdivisions shall be prepared by the Commission, adopted
by the Planning and Zoning Commission, and amended or added to as
required, all according to the procedures for adopting and amending
this Chapter, and such City Plan shall be incorporated into this Chapter
and be a part of this Chapter in graphic form. All proposed subdivisions
shall be reviewed against the standards and requirements of the City
Plan.
B.
All streets,
parks, open space or other features or standards of the City Plan
applicable to a tract or parcel of land proposed to be subdivided
shall be included in the plat of such subdivision substantially as
shown on the City Plan. Refinements and modifications of the features
required by the City Plan may be approved by the Commission when this
will improve the design of the subdivision and further the purposes
of the City Plan.
C.
The approved
City Plan with all amendments thereto shall be signed by the Mayor
and City Clerk and filed with the City Clerk.
[Ord. No. 69 §V, 7-5-1960]
A.
No subdivision
plat shall be approved by either the Commission or by the Board unless
it conforms to the following minimum standards and requirements.
1.
Potential dwellings displaced by private parks or open space.
a.
When
private parks or open space are included in the plat, the subdivider
may provide for that number of dwelling units that he/she would be
permitted to build under the Zoning Regulations if no private parks
or open space were included in the subdivision, but such dwelling
units must be located within that portion of the tract or parcel indicated
for residential use by the City Plan.
b.
In
order that potential dwellings displaced by private parks or open
space can be accommodated in the subdivision, the yard and lot size
established by the Zoning Regulations for that tract or parcel can
be reduced, but no lot shall be created having an area of less than
ten thousand (10,000) square feet or frontage of less than eighty
(80) feet at the building line, or a front yard of less than twenty
(20) feet. The Commission shall permit lots to be reduced only when
it finds that the proposed subdivision conforms substantially to the
City Plan, makes good use of topography and natural features, provides
needed open space and contributes variety and interest to the character
of its neighborhood without adversely affecting adjacent property.
Requirements such as for minimum lot area and side or rear yard, replacing
those that are permitted to be reduced under this provision, shall
be included in the subdivision plat or restrictions, and subsequent
replacement and extension of buildings shall be controlled by such
plat or restrictions.
2.
Parks and open space on the City Plan.
a.
When
private parks or open spaces are indicated on the City Plan within
the tract or parcel to be subdivided, the plat shall set aside such
areas for use by owners of the lots.
b.
A
site for a school, public building, church, or other public or semi-public
use indicated on the City Plan within the tract or parcel to be subdivided
shall be reserved for a period of one (1) year from the date of recording
of the final plat so that it can be acquired by an appropriate agency.
The provisions of Section 415.050(1) shall not apply to such public
or semi-public sites.
3.
Other private parks and open spaces. Private parks and open
space in addition to those proposed in the City Plan may be provided
in the plat by the subdivider, subject to the approval of the Commission
as to the extent, location and purpose of such areas. Historic buildings
or sites, parkway strips, ornamental parks, traffic circles, easements
along streams and buffer strips along roads or to separate conflicting
uses and land reserved for agriculture may be included as open space
when appropriate.
4.
Streets.
a.
The
location, width and typical cross-section of all streets shall substantially
conform to the City Plan and shall be designed to relate to existing
and future streets, to topographical and natural conditions, to public
convenience and necessity, to visual character and to the proposed
uses of the land to be served by the streets. The subdivider may be
required to continue adjoining streets through the area being subdivided,
when necessary, to provide for local movements of vehicles or to enable
adjoining property to be properly subdivided.
b.
Streets
shall have the following right-of-way, except as increased or decreased
by the City Plan or varied in unusual circumstances by the Commission:
|
Major streets
|
—
|
Eighty (80) feet minimum
| |
|
Collector streets
|
—
|
Sixty (60) feet minimum
| |
|
Residential streets
|
—
|
Fifty (50) feet minimum
| |
|
Minor streets
|
—
|
Forty (40) feet minimum
| |
|
Frontage road
|
—
|
Fifty (50) feet minimum
|
c.
Where
a minor street of greater than two hundred fifty (250) feet in length
is required to terminate in a circular open space, said open space
shall have a minimum radius of fifty (50) feet. Except in unusual
instances, no cul-de-sac shall exceed five hundred (500) feet in length.
d.
Intersections
with a major street or collector street shall be designed as nearly
as possible at right angles.
e.
All
streets shall be dedicated to the appropriate public agency. Reserve
strips controlling access are prohibited except when control is placed
in the City under conditions approved by the Commission. Private streets
are discouraged, but where built, they shall be maintained solely
and perpetually by the trustees or Board of Managers.
f.
When
a subdivision abuts or contains an existing or proposed major street,
the Commission may require frontage roads, double frontage with screen
planting contained in a reservation of land along the rear property
line through which no access shall be permitted, deep lots with rear
service alleys, or such other treatment as may be appropriate to separate
through and local traffic to develop all major streets according to
limited access principles and to protect residential uses from through
traffic. A frontage road that will serve only one (1) tier of residential
lots and will not be used for access to a school, church or other
non-residential building with a right-of-way of thirty (30) feet and
a pavement width of fourteen (14) feet may be approved by the Commission
with the advice of the Building Official.
5.
Easements.
a.
Easements
of not less than five (5) feet in width shall be provided on each
side of all rear lot lines and side lines, where necessary, for poles,
wires, conduits, storm and sanitary sewers, gas, water and heat mains.
Easements of greater width may be required along lines or across lots
where necessary for the extension of mains, sewers and similar utilities.
When alleys are provided, utilities may be located within the alley.
b.
Whenever
any stream or surface watercourse is located in an area that is being
subdivided, the subdivider shall, at his/her own expense, straighten,
widen or improve the channel so that it will properly carry surface
water and may provide or be required to provide an adequate easement
along each side of the stream, which easement shall be for the purpose
of widening, improving or protecting the stream and for recreational
use. Straightening, widening or improving the channel shall be unnecessary
when the easement is sufficient to contain the stream in time of flood
and to contain stormwater runoff without eroding or raveling the natural
channel.
6.
Blocks.
a.
The
length, width and shape of blocks shall be determined with regard
to adequate building sites suitable to the special needs of the use
contemplated and the limitations and opportunities of topography.
b.
Super-blocks
indented by cul-de-sacs and containing interior open space shall be
permitted, when properly designed. A crosswalk of ten (10) feet may
be required when necessary for pedestrian access and circulation.
c.
Blocks
adjacent to a major street shall be designed to minimize points of
ingress and egress.
7.
Lots.
a.
All
lots shall be designed to provide desirable building sites properly
related to topography, natural features, streets and land use.
b.
Depth
and width of lots laid out for other than single-family dwelling purposes
shall be adequate for off-street service, parking and protection of
adjacent uses or streets, as required by the type of use and development
contemplated.
8.
(Reserved)
9.
Maintenance of common facilities. Where the subdivision
contains paving, sewers, sewage treatment plants, water supply systems,
park areas, a swimming pool, street trees or other physical facilities
necessary or desirable for the welfare of that subdivision which are
not or cannot be satisfactorily maintained by any existing public
agency, provision shall be made by trust agreement made a part of
the deed restrictions, or protective covenants acceptable to any agency
having jurisdiction over the location and improvement of such facilities,
for the proper and continuous maintenance and supervision of such
facilities. The restrictions shall empower the trustees to later dedicate
such common open space to the City of Manchester for public use and
maintenance, but no such subsequent dedication shall be effective
unless accepted by the Board of Aldermen of the City of Manchester.
The final plat and deed restrictions shall specify that land set aside
for common use be retained for such purposes for a period of at least
twenty (20) years. Nothing herein shall require the City to provide
maintenance for any common facilities described herein.
10.
Improvements. Before the final plat of any subdivided area
shall be approved by the Board of Aldermen and recorded, the subdivider
shall make and install the improvements described in this Subsection.
In lieu of final completion of the minimum improvements before the
plat is finally approved, the subdivider may post a surety bond or
escrow agreement approved by the Attorney of the City of Manchester,
which bond or escrow agreement will insure to the City that the improvements
will be completed by the subdivider within two (2) years after the
final approval of the plat. The amount of the bond or escrow agreement
shall not be less than the estimated cost of the improvements, and
the amount of the estimate must be approved by the City Engineer.
Said estimate shall be prepared by the subdivider. If the improvements
are not completed within the specified time, the Board of Aldermen
may use the bond or funds in escrow, or any necessary portion thereof,
to complete same.
a.
Should
the subdivider desire to provide a surety bond, the bond form shall
be approved by the Attorney of the City of Manchester.
b.
Should
the subdivider desire to provide an escrow agreement, it shall:
(1)
Be approved by the Attorney as to legal form;
(2)
Be executed by the Mayor subject to the approval of the Board of
Aldermen;
(3)
Guarantee the improvements set forth in the approved final plat by
providing for a deposit with a qualified escrow depositary of that
sum of lawful money of the United States of America which the Board
of Aldermen shall reasonably estimate as the cost of said improvements;
(4)
Provide that the escrowed sum shall be held in special escrow account
by the escrow holder, subject to the audit of the City of Manchester;
and
(5)
The escrowed sum shall be held by the escrow holder, as in the agreement
provided, until such time as the Mayor shall, upon approval by the
Board of Aldermen, by written authorization addressed to the escrow
holder, release the escrow sum. Should it be necessary for the City
to complete the improvements as provided in the approved final plat,
the Mayor, upon the approval of the Board of Aldermen, shall release
the escrow sum for disbursement by the escrow holder for the payment
of labor and material used in the construction and installation of
the improvements guaranteed as the work progresses. In no case shall
an authorization be given for the release, nor shall the escrow holder
release, more than ninety percent (90%) of the escrow sum until said
improvements and installations have been completed in accordance with
the provisions of this Chapter and approved by the Board of Aldermen.
c.
The
minimum improvements installed in any subdivision before the plat
can be finally approved shall be in accordance with the following
Subsections: (c)(1), (c)(2), (c)(3), (c)(4), (c)(5), (c)(6) and (c)(7).
(1)
The subdivider shall grade and improve all new streets and alleys
(if any) within the subdivided area. The paving on such new streets
shall be concrete or bituminous macadam having a minimum thickness
of base and surface as required by the City Engineer and a minimum
width of pavement as required by the following table:
|
Type of Street
|
Minimum Pavement
| |
|---|---|---|
|
Minor street or residential street having common open space
on one (1) side or with lots having at least one hundred (100) feet
of width at the building line
|
20 feet
| |
|
Other minor streets or residential streets
|
26 feet
| |
|
Major street or collector street where no lot has direct access
|
24 feet and 6 feet all-weather emergency shoulder on both sides
| |
|
Major street or collector street with lots having direct access
|
36 feet
| |
|
All major streets and collector streets for two hundred (200)
feet from any intersection with a major street or collector street
|
36 feet to 40 feet
|
|
When a proposed subdivision adjoins or includes an existing
street which is shown as a major street or collector street on the
City Plan, sufficient land shall be dedicated for such street as required
by Section 415.050(4)(b), with the additional land to be added equally
to both sides of the present right-of-way. The subdivider may be
required to widen or improve existing pavement when it is less than
twenty (20) feet in width, in poor condition, in the vicinity of certain
intersections as required above or when the subdivision proposes to
create lots with direct access to an existing major or collector street.
Open channels (sodded or paved) may be built in lieu of curb and
gutter, at the discretion of the Commission, with the advice of the
City Engineer. Curbs and gutters shall be of concrete or bituminous
macadam as permitted by the Commission on advice of the City Engineer.
The type of curb or open channel shall be dependent on location,
topography and general layout of the subdivision and adjacent streets
or subdivisions.
|
(2)
All lots shall be served by a public water system. The subdivider
shall show the Commission prior to approval of the final plat that
mains and hydrants have been installed or security provided in lieu
thereof to the satisfaction of the public utility, and that hydrants
have been located as required by the standards of the West County
Fire Protection District.
(3)
The subdivider shall install sanitary sewers and provide a connection
for each lot. Such installations shall be in accordance with the standards
and specifications of, and before the improvement is started the plan
therefor shall be approved by, the Metropolitan St. Louis Sewer District,
St. Louis County Health Department and the Commission. If no existing
outlet sewers are within reasonable distance, the subdivider shall
make such provisions for the treatment or disposal of the sewerage
as will satisfy the City, State and County health officials and before
the plat shall be approved, the subdivider shall present to the Commission
an order from City and State or County health officials showing that
the treatment or disposal facilities will properly care for and protect
the health, safety and welfare of the existing and probable future
population within the subdivision and surrounding area.
(4)
Storm sewers shall be installed to standards and specifications approved
by the Commission and Metropolitan St. Louis Sewer District. Open
channels may be used in lieu of pipe when the City Plan indicates
continuous open space along the natural drainage channel, and additional
open channel may be employed when approved by the Commission, with
the advice of the City Engineer.
(5)
Street lights shall be installed along all minor streets, residential
streets and collector streets. The location, type and number of lights
required shall be reviewed by the Commission after receiving recommendation
from Ameren UE. Developers, sub-dividers or builders shall pay the
first (1st) year rental on street lights installed within their respective
subdivisions.
(6)
A sidewalk or all-weather pedestrian footpath shall be required for
pedestrian circulation and access to schools, shops and churches.
These shall be constructed on at least one (1) side of all residential
streets and collector streets or longitudinally between rear lot lines
and in a longitudinal direction through all continuous open space
shown on the City Plan. Such sidewalks or footpaths shall be kept
open for pedestrian circulation and their continuous maintenance shall
be guaranteed through the trust agreement described in Section 415.050(9).
(7)
All residential lots shall have an appropriate cover of undisturbed
existing vegetation, seeding, fresh-cut sod, plugs or spot sod. Existing
trees shall be carefully preserved while making subdivision improvements
and grading. Every tree cut down or destroyed during construction
having a trunk diameter of more than four (4) inches shall be replaced
elsewhere in the subdivision with a tree having a minimum diameter
of one and one-half (1½) inches, except trees actually located
in an area to be occupied by a building, pavement or utility line.
In addition to the tree planting required by the above, minimum
landscaping of residential subdivisions shall be made as follows:
|
|
For each residential lot located in a proposed subdivision,
there shall be either two (2) shade trees planted or one (1) set of
foundation plants. Shade trees shall have a minimum diameter of one
and one-half (1½) inches and may be located anywhere within
the subdivision, either on lots, street right- of-way or within common
open space. Shrubs or other plant material sufficient, when fully
grown, to cover sixty percent (60%) of the building frontage (not
the lot frontage) of one (1) home shall constitute one (1) set of
foundation plants. In general, "American Standard for Nursery Stock",
published by the American Association of Nurserymen, shall be used
as a guide in determining acceptability of plant material.
|
(8)
The Commission shall review the plans submitted as required by Section 415.030(B) against the standards and requirements governing the review of architecture and site planning of the Zoning Regulations, provided that no such submission or review shall be required from a subdivider who certifies his/her intention to sell lots without placing homes or structures thereon. In the latter case, the subsequent applicant for a building permit shall follow the procedures, standards and requirements of the Zoning Regulations before a building permit shall be issued.
(9)
Street name signs.
(a)
Street name signs shall be erected 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 should 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 both curb lines.
(b)
The street name shall be of unslanted block lettering at least
three and one-half (3½) inches high.
(c)
The signs shall be of the type and standard currently required
for new subdivisions located in the City of Manchester.
(10)
Inspection. The subdivider shall pay to the City
of Manchester an amount equal to one percent (1%) of the estimated
cost of paving, storm drainage, sanitary sewers and site grading to
defray the cost of processing the subdivision application and reviewing
plans and for inspection of improvements during the construction.
Inspections shall be made by the City Engineer.
(11)
All telephone and power lines shall be located underground in easements
which shall be provided for that purpose. Transformers and similar
facilities may be located at ground level on pads within such easements
when such facilities are suitably fenced and landscaped. Sidewalks
or footpaths may be located within the easements that are provided
for utilities.
[Ord. No. 69 §VI, 7-5-1960]
A.
Whenever
the strict enforcement of these regulations would entail unusual difficulties
or hardships, the Commission and Board of Aldermen may vary or modify
them in such a way that the subdivider be allowed to plan and develop
his/her property and record a plat of same; provided however, that
the public welfare and interests of the municipality be fully protected
and the general intent and spirit of the regulations preserved.
B.
In the
interests of good site planning, the Commission shall have the power
to permit minor variations in the location of open space, collector
streets and major streets from the location shown on the City Plan,
and shall have power to permit substantial variation in the location
of public and semi-public sites and residential streets within a particular
subdivision from the location shown on the City Plan, provided adequate
circulation and the intent and purpose of the City Plan are maintained.
[Ord. No. 69 §VII, 7-5-1960]
A.
No plat
of any subdivision shall be entitled to record in the County Recorder's
office or have any validity until it shall have been approved in the
manner prescribed herein.
B.
Any building
or structure erected or to be erected in violation of this "Subdivision
Ordinance" shall be deemed an unlawful building or structure, and
the City may bring action to enjoin such erection or cause it to be
vacated or removed.
C.
Any person,
persons, firm, association or corporation violating any provisions
of these subdivision regulations or any employee, assistant, agent
or any other person participating or taking any part in, joining in
or aiding in a violation of any provision of these subdivision regulations
may be prosecuted as provided by law for the violation of ordinances
of the City of Manchester and upon conviction shall be punished by
a fine of not more than five hundred dollars (500.00).
[Ord. No. 69 §VIII, 7-5-1960]
A.
Any regulations
or provisions of this Chapter or the City Plan may be changed and
amended from time to time by the Board of Aldermen; provided however,
that such changes or amendments shall not become effective until after
study and report by the City Planning and Zoning Commission and until
a public hearing has been held, public notice of which shall have
been given in a newspaper of general circulation at least fifteen
(15) days prior to such hearing.
B.
This
procedure shall be used in the case of proposed subdivisions that
vary substantially from the street pattern shown on the City Plan,
or which proposes to set aside substantially less open space than
is shown on the City Plan.
[Ord. No. 69 §IX, 7-5-1960]
If any Section, Subsection, sentence, clause or phrase of this
Chapter is for any reason held to be unconstitutional or void, such
decision shall not affect the validity of the remaining portions of
this Chapter.
