[R.O. 2008 §410.010; Ord. No. 5870 §1, 6-16-1965]
No land may be subdivided without complying with the provisions of this Chapter.
No lot, tract, or parcel of land within any such subdivision may be offered for sale nor may any sale, contract for sale, or option be given until such subdivision plans have been properly reviewed by the Louisiana Planning and Zoning Commission and officially approved by the City of Louisiana.
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, may be made within any 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 improvement have been properly reviewed by the Planning and Zoning Commission and officially approved by the City Council of Louisiana.
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 feasible. The Planning and Zoning Commission may give preliminary approval to the overall plan and final approval on the parts as submitted from time to time.
The provisions of this Chapter shall be held to be the minimum requirements necessary in the subdivision of land.
[R.O. 2008 §410.020; Ord. No. 5870 §2, 6-16-1965]
As used in these regulations, the following words shall have the meanings and references given, unless the context clearly indicates otherwise:
- ADMINISTRATIVE OFFICER
- The officer designated and authorized by the City Council to enforce the subdivision regulations.
- A permanent public service-way or right-of-way, dedicated to public use, other than a street, place, road, crosswalk, 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.
- BUILDING SETBACK LINE — BUILDING LINE
- The line nearest the front, side or rear of and across a lot establishing the minimum yard to be provided between the principal building or structure and the lot line.
- The City of Louisiana, Missouri.
- CITY CLERK
- The City Clerk of the City of Louisiana, Missouri.
- The Louisiana Planning and Zoning Commission.
- COMPREHENSIVE PLAN
- The complete plan, or any of its parts, for the development of the City, prepared by the Commission and adopted by the Council, in accordance with the authority conferred by Chapter 89, RSMo., 1954, as amended, 1961, 1963.
- The City Council of the City of Louisiana, Missouri.
- The County of Pike, Missouri.
- A strip of land dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas.
- (Court or dead-end street). A short street having one (1) end open to traffic and being permanently terminated by a vehicle turnaround.
- DRAINAGE RIGHT-OF-WAY
- 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.
- FINAL PLAT
- The final map of all or a portion of the subdivision which is presented to the Commission for final approval in accordance with these regulations, and which, if approved, shall be filed with the proper County recording officer.
- HILLSIDE AREA
- Any area whose average cross slope is sixteen percent (16%) or greater.
- The corporate area of the City of Louisiana, Missouri.
- A portion of a subdivision, or other parcel of land intended as a unit for transfer of ownership or development.
- PERFORMANCE GUARANTEE
- Any security which may be accepted in lieu of a requirement that certain improvements be made before the Commission or other approving body approves a final plat; including performance bonds, escrow agreements, and other similar collateral or surety agreements.
- A corporation, firm, partnership, association, organization, or 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.
- PRELIMINARY PLAN
- The drawings and documents described in Section 410.040 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, parkway, boulevard, road, avenue, lane, drive, or other appropriate name. For the purpose of this report, streets shall be classified as follows:
- 1. Arterial and primary streets: Those designated for large volumes of traffic movement. Certain arterial streets may be classified as limited access highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting property.
- 2. Secondary streets: Important streets planned to facilitate the collection of traffic from neighborhood streets and to provide access to abutting properties.
- Any person responsibly engaged in developing or improving a tract of land which complies with the definition of a subdivision as defined in this report.
- 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, provided 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 of parcels between adjoining lot owners, where such 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 owners, 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 court order shall not be considered subdivisions, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
- THOROUGHFARE PLAN
- The part of the Comprehensive Plan, now or hereafter adopted, which includes a major street and highway plan and sets forth the location, alignment, dimensions, identification and classification of existing and proposed streets, highways, and other thoroughfares.
- A space of the same lot with a building, which is open, unoccupied, and unobstructed by structures, except as provided in the Zoning Code.
[R.O. 2008 §410.030; Ord. No. 5870 §3, 6-16-1965]
Preliminary Considerations. In order to make the most of opportunities related to the subdivision and to conserve time, effort, and expense, the owner or subdivider shall consult with the Planning and Zoning Commission, the City Engineer, and other public officials prior to the preparation of the preliminary plat for the subdivision. The Comprehensive Plan of the City shall be reviewed to determine how the preliminary plat will fit into the Comprehensive Plan. Requirements for major and minor streets; school and recreation sites; community facilities; shopping centers; sanitation, water supply and drainage; and the relationship to other developments, existing and proposed, in the vicinity must be determined in advance of the preparation of the preliminary plat.
Filing Of Preliminary Plats. A subdivider desiring approval of a plat of a subdivision shall submit a written application therefor to the Planning and Zoning Commission. Such application shall be accompanied by the information, requirements, and plans set forth in Section 410.040, all in accordance with the requirements set forth herein.
Three (3) copies of the completed application for subdivision approval form together with at least six (6) prints of each drawing submitted as a part of the preliminary plat shall be submitted to the City Clerk. After time of filing, a fee of one hundred dollars ($100.00) shall be paid to the City Clerk to cover the costs of publishing notices, notifying the persons concerned with the pending hearing on said subdivision. Engineering expense incurred by City shall be paid by the applicant in addition to said fee. The City Clerk shall immediately notify the Secretary of the Planning and Zoning Commission upon receipt of the application and preliminary plat.
If the preliminary plat is approved by the Planning and Zoning Commission, the applicant shall be authorized to proceed with the preparation of the final plat. The City Clerk shall attach to a copy of the preliminary plat a certified copy of the resolution approving or disapproving the preliminary plat; in case of disapproval, giving reasons and specifying aspects of non-conformance with existing ordinances. A copy of the resolution shall be filed in the City Clerk's office and shall be signed by the Chairman or Vice Chairman of the Planning and Zoning Commission.
Preliminary approval shall confer upon the applicant the following rights for a one (1) year period from the date of approval.
The general terms and conditions under which the preliminary approval was granted will not be changed.
The said applicant shall submit on or before the expiration date the whole or part or parts of said plat for final approval. In the case of a subdivision being developed in stages, the applicant may elect to have final approval delayed after approval for the remaining portions of the plat, after submission of the original part.
Approval Of Final Plats.
The final plat shall be submitted to the City Clerk for transmittal to the Planning and Zoning Commission for final approval. The submission shall include the plans and specifications for the required improvements as set forth in Section 410.060. All documents shall bear the approving signature of the City Engineer and the transmittal to Council shall include a letter from the City Engineer describing such approval and setting forth an estimate to cover the cost of the proposed improvements for performance guarantee purposes.
Upon review by the Planning and Zoning Commission and the City Engineer, the final plat shall be returned to the City Clerk for submission to the City Council with all recommendations from the Planning and Zoning Commission attached. If the final plat is approved by the Planning and Zoning Commission, the original tracing shall bear the signature of the Chairman or Vice Chairman of the Planning and Zoning Commission.
The City Clerk shall attach to a copy of the final plat a certified copy of the City Council's ordinance approving or disapproving the final plat, in the case of disapproval giving reasons and specifying aspects of non-conformance with existing ordinances. The approved copy of the final plat shall be filed in the office of the City Clerk. The approval of the final plat by the City Council shall be indicated on the document to be filed for record by the affixing of the signatures of the Mayor and the City Clerk. The approved final plat shall be then returned to the City Clerk to be held until such time as the subdivider has posted the performance guarantee as set forth in Section 410.040(D).
[R.O. 2008 §410.040; Ord. No. 5870 §4, 6-16-1965]
Preliminary Plat. A preliminary plat shall be provided by the subdivider and consist of the following:
Location map (which may be prepared by indicating the following data on available maps) showing:
Boundary line of the proposed subdivision indicated by a solid heavy line and the total approximate acreage involved.
Subdivision name and location, specifying U.S. Survey and Township lines, County, and State.
Any and all thoroughfares related to the subdivision.
Title, scale, north arrow, and date.
Preliminary plat showing:
Proposed name of the subdivision and location.
Names and addresses of the owner, subdivider, and the City planner, land planning consultant, engineer or registered land surveyor who prepared the plat.
Streets and rights-of-way on and adjoining the site of the proposed subdivision; showing the names and including roadway widths; approximate gradients; types and width of pavement, curbs, sidewalks, crosswalks, planting strips and other pertinent data.
Layouts of lots, showing approximate dimensions and numbers.
Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semi-public, or community purposes.
Easements, existing and proposed, showing locations, widths, and purposes.
Building setback or front yard lines and dimensions.
Location and size of nearest water main, sewer outlet, and other pertinent utilities.
Location, type, and approximate size of utilities to be installed.
Tract boundary lines showing dimensions, bearings, angles, and references to known land lines.
Contours at vertical intervals of five (5) feet if the general slope is sixteen percent (16%) or greater.
It is desirable that all tree masses which are to remain be indicated and all individual trees having a caliper of twelve (12) inches or greater. Key plan, legend and notes.
Location of existing structures.
A preliminary outline of the deed restrictions and covenants that would be placed upon the subdivision.
Landscaping plans and proposed limits on the location and intensity of signs, advertising, and off-street parking should be included in the case of a proposed subdivision for industrial or commercial use.
Scale,* north arrow, and date.
*The preliminary plat of the subdivision shall 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 Commission may be used.
Final Plat. The final plat shall be provided by the subdivider and meet the following specifications:
The final plat shall include all parts of the preliminary plat which are in that area being submitted for final approval unless such parts are of a general nature and greater detail is required by this Section.
The original drawing of the final plat should be drawn on new linen tracing cloth with waterproof black India ink to a scale of fifty (50) feet to one (1) inch, provided that, if the resulting drawing would be greater than thirty-six (36) inches in the shortest dimension, a scale of up to one hundred (100) feet to one (1) inch may be used. Four (4) black or blue line prints should be submitted with the original plat; or, in order to conform to modern drafting and reproduction methods, four (4) black or blue line prints and a reproducible cloth or film positive of the final plat should be submitted. Prints filed with the City should include one (1) cloth print made after recording the final plat and bearing the official stamp attesting the fact of the recording and a reproducible cloth print of the final plat as approved.
All elevations should be referenced to the established datum and the said reference should be clearly stated on any plans or drawings showing such datum, providing bench marks are located within a reasonable distance.
All dimensions should be shown in feet and decimals of a foot.
The title should be suitably placed in the lower right corner and a suitable border line should be placed on all tracings with a margin of not less than one-half (½) on all sides.
The following basic information should be shown; all surveys for a final plat should be made under the active and personal direction of a registered land surveyor of Missouri.
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 should be established for all property corners.
Accurate distances and directions to the nearest established street corner or official monuments. Reference corners should be accurately described on the final plat.
Accurate locations of all existing and recorded streets intersecting the boundaries of the tract, shown by heavy solid lines.
Accurate metes and bounds description of the boundary and the included area to the nearest one hundredth (.01) of an acre.
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.
Name and right-of-way width for each street or other right-of-way.
Location, dimensions, and purposes of any easement shown by light dashed lines.
Number to identify each lot or site.
Purpose for which sites, other than residential lots, are dedicated or reserved.
Building setback or front yard lines and dimensions.
Location, type, material, and size of all monuments and lot markers.
Names of owners and mortgagees accepting said plat, with owner or owners personally signing all plans or drawings.
Names of record owners of adjoining unplatted land, shown by medium dashed and two (2) dotted lines.
Reference to recorded subdivision plats of adjoining platted land by record name, date and number, shown by medium dashed and two (2) dotted lines.
Restrictions of all types which will run with the land and become covenants in the deeds for lots. Restriction lines should be shown by medium dashed lines.
Title, north arrow, scale, and date.
Certification by registered surveyor or registered professional engineer with registration number and seal affixed to all documents of the final plat.
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.
Certificate of dedication of all public areas.
Certificate that all taxes due have been paid.
Certificate for approval by the City Council.
Improvement Plans And Specifications. The final plat submission to City Council shall be accompanied by the plans and specifications for the improvements required under Section 410.060. 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 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 should be submitted to and approved by the City Engineer prior to submission to the City Council with the final plat. Four (4) black or blue line 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 City Engineer.
Performance Guarantee. A performance guarantee shall be required from the subdivider in the amount of the estimate approved by the City Engineer for the cost of the proposed improvements. The performance guarantee shall run to the City of Louisiana and be with good and sufficient surety satisfactory to the Council and as approved by the City Attorney, conditioned upon the installation of the required improvements within two (2) years after the approval of the final plat. Filing of the actual bond or other security shall not be required until after the final plat approval, but sufficient information concerning the form of guarantee to be used shall be submitted with the final plat documents to permit Council approval at that time.
Transfer Of Title Of The Subdivision. In the event a developer who has posted an escrow, or letter of credit, or bond with the City, in accordance with Subsection (D) of this Section transfers title of the subdivision property prior to full release of the escrow, letter of credit, or bond, the City shall accept a replacement escrow or letter of credit from the successor developer in the form allowed in Subsection (D) of this Section and in the amount of the escrow or letter of credit held by the City, at the time of the property transfer, and upon receipt of the replacement escrow or letter of credit, the City shall release the original escrow or letter of credit in full and release the prior developer from all further obligations with respect to the subdivision improvements if the successor developer assumes all of the outstanding obligations of the previous developer. The City, may accept a surety bond from the successor developer in the form allowed in Subsection (D) of this Section and in the amount of the bond held by the City, at the time of the property transfer, and upon receipt of the replacement bond, the City, shall release the original bond in full, and release the prior developer from all further obligations with respect to the subdivision improvements.
Release Of Bond, Letter Of Credit Or Escrow. Any escrow or bond amount held by the City to secure actual construction and installation on each component of the improvements or utilities shall be released within thirty (30) days of completion of each category of improvement or utility work to be installed, minus a maximum retention of five percent (5%) which shall be released upon completion of all improvements and utility work. The City, shall inspect each category of improvement or utility work within twenty (20) business days after a request for such inspection. Any such category of improvement or utility work shall be deemed to be completed upon certification by the City that the project is complete in accordance with the ordinance of the City including the filing of all documentation and certifications required by the City in complete and acceptable form. The release shall be deemed effective when the escrow funds or bond amount are duly posted with the United States Postal Service or other agreed-upon delivery service or when the escrow funds or bond amount are hand delivered to an authorized person or place as specified by the owner or developer.
[R.O. 2008 §410.050; Ord. No. 5870 §5, 6-16-1965]
Conformance To Standards. The subdivider shall conform to the following principles and standards of land subdivision in the design of each subdivision or portion thereof.
General. The subdivision plan shall conform to design standards that will encourage good development patterns and particularly to the principles and standards which are generally exhibited in the Comprehensive Plan. The streets, drainage rights-of-way, school sites, public parks, playgrounds, and other public facilities shown on the officially adopted Comprehensive Plan or Official Map shall be considered in the approval of subdivision plats.
The street and alley layout shall provide access to all lots and parcels of land within the subdivision. Street jogs of less than one hundred twenty-five (125) feet shall be avoided. Cul-de-sacs shall not exceed five hundred (500) feet in length, unless necessitated by site topography.
Neighborhood streets shall be designed so as to discourage through traffic.
Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.
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 within the vicinity.
Wherever there exists a dedicated or platted portion of a street or alley adjacent to the proposed subdivision, the remainder of the street or alley shall be platted to the prescribed width within the proposed subdivision.
Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City Council under conditions approved by the Planning and Zoning Commission.
Arterial, primary and secondary street rights-of-way shall be a minimum of sixty (60) feet wide and residential street rights-of-way shall be at least fifty (50) feet wide.
The minimum right-of-way of 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 of one hundred (100) feet under normal conditions, or other arrangement for the turning of all vehicles conveniently within the right-of-way.
In hillside areas where the general slope is sixteen percent (16%) 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.
Any proposed 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.
Streets shall be laid out so as to intersect as nearly at right angles as possible.
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 curb lines shall be as deemed advisable by the Planning and Zoning Commission.
At the intersection of other streets the curb line corners shall be rounded by arcs with radii of not less than twenty (20) feet, or chords of such arcs.
At intersections of streets and alleys, the curb line corners shall be rounded by arcs with radii of not less than five (5) feet, or chords of such arcs.
Intersection of more than two (2) streets at one (1) point shall be avoided.
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.
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.
Horizontal visibility on curved streets and vertical visibility on all streets shall be maintained along the centerlines as follows:
All changes in grade shall be connected by vertical curves of sufficient radii to provide smooth transitions and required sight distances.
Between reversed curves on arterial and primary streets there shall be a tangent of not less than one hundred (100) feet and on secondary and neighborhood streets such tangent shall be not less than forty (40) feet. For hillside areas: between reversed curves on arterial and primary streets there shall be a tangent of not less than fifty (50) feet, and on secondary and neighborhood streets such tangents shall not be less than twenty (20) feet.
Maximum grades for streets shall be as follows:
Arterial and primary streets, not greater than six percent (6%) or as approved by the City Engineer and the Planning and Zoning Commission.
Other streets and alleys, not greater than ten percent (10%) or as approved by the City Engineer and the Planning and Zoning Commission. For hillside areas: residential streets not greater than fifteen percent (15%).
The minimum grade of any street gutter shall not be less than seventy-five hundredths of one percent (0.75%).
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.
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.
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.
Blocks shall not normally exceed one thousand (1,000) feet in length, unless unusual circumstances justify greater length.
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.
No other specific rule is made concerning the shape of blocks, but blocks shall fit easily into the over-all plan of the subdivision and their design must evidence consideration of lot planning, traffic flow, and public areas.
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 should be at least ten (10) feet and should be intended for the use of pedestrians only. For hillside areas this requirement may be modified to meet topographical conditions.
All lots shall abut on a street or place.
Side lines of lots shall be at approximately right angles to straight streets and on radial lines on curved streets. Some variation from this rule is permissible, but pointed or very irregular lots shall be avoided. For hillside areas, side lines of lots shall be located as to provide the most suitable building site.
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.
Minimum lot areas, widths, and building setback lines shall be as provided in the Zoning Code for the district in which the subdivision is located within the incorporated area of the City, 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 Missouri Clean Water Commission, Division of Health, shall become the minimum lot area.
Lot sizes shall conform to the Zoning Code.
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.
Whenever a subdivision is traversed by a watercourse, 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 subdivision'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 City Engineer and shall relate as closely as possible to the requirements of the Comprehensive Plan. Parallel streets or parkways may be required in connection therewith.
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 City Council shall require that such areas be so designated on the final plat. Within one (1) year after the approval of the final plat, the authority having jurisdiction shall acquire the designated land or commence proceedings to acquire it by condemnation, otherwise the owner may make any other permitted use of the site, as permitted by the zoning district within which it lies.
Topography, Natural Vegetation And Flooding.
In the subdividing of any land within the jurisdiction, 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.
The natural topography shall be retained whenever possible in order to reduce excessive runoff onto adjoining property and to avoid extensive regrading of the site.
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.
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.
[R.O. 2008 §410.060; Ord. No. 5870 §6, 6-16-1965]
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.
Streets. Streets shall be completed in accordance with the plans, profiles, specifications, and cross-sections prepared for the subdivider by a registered professional engineer and approved by the City Engineer.
Surface of arterial and primary streets will be a minimum surface width of forty (40) feet and secondary streets a surface width of twenty-seven (27) feet.
Curb and gutter shall not be permitted to be installed along the edges of surfaced streets of less than twenty-seven (27) feet in width. In all cases, the surfaced street widths given in Section 410.050(C)(7) may include curb and gutter.
The streets shall be graded, surfaced, and improved to the dimensions required by the cross-sections and work shall be performed in the manner prescribed in the current edition of Missouri State Highways and Transportation Department specifications. Streets shall be surfaced to a minimum width of twenty-seven (27) feet back-to-back curbs. Alleys shall be surfaced to a minimum width of sixteen (16) feet. Cul-de-sac turnarounds shall be paved to within five (5) feet of the right-of-way. Grading for street improvements shall not create soil slopes exceeding a vertical rise of one (1) foot for each two (2) feet of horizontal distance unless retaining walls are to be provided.
The street surface shall be of Portland cement concrete or flexible pavement and shall be constructed in accordance with design characteristics at least equal to those given below, and specifications approved by the City Engineer.
Prior to the construction of street or alley pavements, adequate surface and subsurface, if required, drainage facilities shall be installed by the subdivider. Pipe used for drainage purposes shall be of bituminous coated corrugated metal, reinforced concrete, or extra strength vitrified clay of an approved design, size, and strength to meet the requirements of the specific conditions which may be encountered. Minimum diameters of pipe to be used shall be as follows:
All construction shall be completed in accordance with the specific conditions in the agreement for improvements and the accepted plans and specifications and in a manner acceptable to the authorities having jurisdiction. When changes from the accepted plans and specifications become necessary during construction, written approval from the authorities having jurisdiction shall be secured prior to the execution of such changes.
Adequate provision for the maintenance of all street improvements shall be made by dedication to and acceptance for maintenance by the local authorities having jurisdiction or by any suitable means.
Curbs And Gutters.
Curbs and gutters shall be constructed in conjunction with the street pavements on all streets where parking is to be permitted and should be of Portland cement concrete at least eighteen (18) inches wide and not less than six (6) inches thick where the curb abuts the street pavement.
Curb construction for concrete pavements may be integral, and roll-type curbs may be permitted where the distance between the back of the curb and the nearest sidewalk is at least three (3) feet on residential and feeder streets.
All plans for the installation of the curb and gutter shall be approved by the City Engineer and the Planning and Zoning Commission.
Crosswalks within the blocks shall be improved with a four (4) foot walk of either Portland cement concrete four (4) inches thick or asphaltic concrete two (2) inches thick on a four (4) inch compacted aggregate base. The base should be extended beyond the sidewalk on either side to a distance equal to depth of base.
If for any reason sidewalks are not provided, the street grade shall be completed so that additional grading will not be necessary for any future provision of sidewalks.
Sewage Disposal And Water Supply.
The subdivider shall provide for the disposal of sewage in the subdivision by a public collection system. In all cases, the subdivider shall construct a sanitary sewer system which shall connect to the public sewerage system of the City and provide a connection to each lot.
The subdivider shall provide the subdivision with a source of water for domestic use by a complete water main supply system which shall be connected to the water facility system serving the City, which system provided by the subdivider shall comply with the requirements of Chapter 705 of this Code. Fire hydrants should be spaced a minimum of six hundred (600) feet apart. All water mains should be a minimum of six (6) inches in size.
Plans and specifications for public and local sewage disposal and water supply systems shall be prepared for the subdivider by a registered professional engineer in accordance with the requirements of the Missouri Clean Water Commission and the Water Committee. Private sewage disposal systems shall be installed in accordance with the regulations of the local health authorities and the Missouri Clean Water Commission.
The subdivider shall furnish the City a complete set of plans and profiles as approved by the various authorities.
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 runoff 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 City Engineer during the preliminary consideration of the subdivision.
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.
Distance from streams or main drainage channels. Any person proposing to locate a structure or use within one hundred (100) feet of any stream or main drainage channel shall include a statement by a competent engineer, based on a study of the watershed area and the probable runoff, that the structure or use in the location proposed will leave adequate space for the flow of floodwater, provided however, that no building shall be permitted within fifty (50) feet of the top of the bank of any stream or main drainage channel.
The subdivider shall furnish the City a complete set of plans and profiles as approved by the various authorities.
All utility lines for telephone and electric service when carried on overhead poles shall be provided for with rear and side lot line easements.
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.
All excavations for public utilities made under paved areas shall be properly backfilled with approved granular materials thoroughly compacted in place.
Appropriate street signs of aluminum extrusions with reflectorized lettering mounted on aluminum posts and as specified by the City 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.
Before the final plat is approved, the subdivider shall submit to the Planning and Zoning Commission a statement from the local postmaster approving the names of the proposed streets and of the proposed systems of postal addresses along such streets.
All paved or otherwise unimproved areas within the public rights-of-way, or public use areas, shall be graded and seeded in an approved manner.
Trees, if planted, should be of a species suitable for local soil and climatic conditions, adapted to street use. At street corners, the trees shall be located at a minimum of twenty-five (25) feet from the intersection of the street right-of-way lines, otherwise they shall be located so as not to interfere with utilities or sidewalks and placed forty (40) to fifty (50) feet apart. The trees shall not be placed in the grass area between the curb and sidewalk.
In informal types of street patterns, informal planting of street trees in accordance with an approved landscape development plan may be permitted.
All residential lots shall have an appropriate cover of undisturbed existing vegetation, seeding, fresh cut sod, plugs, or spot sod.
Monuments And Markers.
Permanent monuments shall be set:
Monuments shall be of concrete with minimum dimensions of four (4) inches by four (4) inches and thirty-six (36) inches in length and should be marked at the top with either a copper or steel dowel should 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.
Monuments and markers shall be provided by the subdivider and so placed that the center point should coincide with the intersection of lines to be marked and the top level with the surface of the surrounding ground after final grading.
Privately Developed Facilities. 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 public 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 report or ordinances of the City may also be included.
[R.O. 2008 §410.070; Ord. No. 5870 §7, 6-16-1965]
All public improvements proposed to be made under the provisions of this report shall be inspected during the course of construction by the City Engineer or a duly designated representative. All fees and costs connected with such inspections and reviewing the plans and specifications for such improvements shall be paid for by the subdivider. The subdivider shall also pay to the City the cost of processing the subdivision application and for inspection of improvements during construction.
[R.O. 2008 §410.080; Ord. No. 5870 §8, 6-16-1965]
Unnecessary Hardship. When a subdivider can show that a provision of this report 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 City Council. The subdivider shall apply in writing for such variance or modification. Any variance thus recommended shall be entered in writing in the minutes of the Planning and Zoning Commission and the reasoning on which the departure was justified shall be set forth. Any variance or modification authorized by the Council shall be made by resolution and a copy thereof shall be attached to and made a part of the final plat.
Minor Subdivisions. An exception may be made from the specifications and procedures in the case of a subdivision containing not more than three (3) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel and not in conflict with any provisions or portions of the Comprehensive Plan, Zoning Code, or this Chapter. A plat of the proposed minor subdivision shall be submitted to the secretary of the Planning and Zoning Commission at least one (1) week prior to the Planning and Zoning Commission meeting at which consideration is desired, with four (4) black or blue line prints of the proposed minor subdivision, who in turn will forward their recommendation and the plat to the Council for action. Action by the Council shall take place at the next stated meeting. Approval of the Council shall be indicated on the original drawing by the affixing of the signatures of the Mayor and City Clerk and the plat will be returned to the applicant to be filed for record in the miscellaneous record of the County Clerk.
[R.O. 2008 §410.090; Ord. No. 5870 §9, 6-16-1965]
No building permit or zoning certificate shall be issued by any governing official for the construction of any building, structure, or improvement to the land or any lot within the subdivision as defined herein, which has been approved for platting or replatting, until all requirements have been fully complied with.
[R.O. 2008 §410.100; Ord. No. 5870 §10, 6-16-1965]
No plat of any subdivision shall be permitted to be recorded by the County Clerk or to have any validity until it shall have been approved in the proper manner established by the City.
[R.O. 2008 §410.110; Ord. No. 5870 §11, 6-16-1965]
All of such plats of subdivisions, after the same have been submitted and approved, shall be filed and kept by the City among the records of the City and with the County Recorder of Deeds.
[R.O. 2008 §410.120; Ord. No. 5870 §12, 6-16-1965]
Any person, firm, or corporation who constructs any public improvement or portion thereof in violation of the provisions of this report shall be, upon conviction, fined not less than one hundred dollars ($100.00) nor 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. Whoever shall sell or offer for sale, lease or offer for lease, while a subdivision regulations ordinance is in effect, any lot or lots, or block or blocks, within the incorporated limits of the City, or any addition thereto, or any resubdivision of any lot or block therein, before all the requirements of this report have been complied with, shall be fined not more than five hundred dollars ($500.00) for each lot, block, or part thereof so disposed of, offered for sale, or leased.
[R.O. 2008 §410.130; Ord. No. 5870 §13, 6-16-1965]
If any Section, Subsection, sentence, clause or phrase of this Chapter should be for any reason held legally invalid, such decision shall in no way affect the validity of the remaining portions.