Cross References: Industrial development authority, Ch. 150, Art. III; buildings and building regulations, Title V; building standards, § 500.020 et seq.; fire code and fire protection, Ch. 520; housing code and authority, Ch. 515; mobile homes and trailers, Ch. 525; weeds and other grasses in excessive growth prohibited, § 220.090; parks and recreation, Ch. 245; planning and development, Ch. 405; subdivisions and major street plans, § 405.130; streets, sidewalks and other public places, Ch. 535; traffic code, Title III; utilities, Title VII.
[R.O. 1993 § 410.010; Ord. No.
86-1900, App. A § I, 3-10-1986]
A.
Scope. This Chapter prescribes the procedures for the subdivision
of land within the corporate area of Aurora, Missouri, and any other
area of Lawrence County made subject thereto under the provisions
of Sections 64.510 through 64.690, RSMo.,and comprises the requirements,
standards and specifications with respect to:
1.
The proper location and width of streets, building lines, open
spaces, recreational areas, and public lands.
2.
The avoidance of conditions which would lead to flooding or
water damage due to improper handling of drainage and stormwater.
3.
The avoidance of overcrowding of population and congestion of
vehicular traffic.
4.
The manner and extent to which streets are to be graded and
improved, and the extent to which water, sewer, and other utility
services are to be provided.
5.
The provision of adequate open space for traffic movement, utility
facilities, access of emergency apparatus, for the control of the
number, spacing, type, and design of access points to existing or
future streets for minimum width and area of lots for light and air,
and for a proper distribution of population.
B.
Interpretation. This Chapter is intended to set minimum requirements
to provide for the coordinated, efficient, and economic development
of the City, to insure the adequacy of street and utility facilities,
adequate drainage facilities, and to promote the public health, safety
and welfare. If any other provision of law relates to any matter covered
herein, the regulation providing the higher standard shall apply.
C.
Application Of Regulations. No lot in a subdivision, as defined herein,
may be conveyed unless a final plat of the property has been approved
according to the requirements and provisions of this Chapter. This
is supplemental to and not in derogation of the Revised Statutes of
Missouri. Any plat of a subdivision of land in the corporate areas
of the City which has not been recorded in the office of the Recorder
of Deeds and which has not been accepted and approved, as herein provided,
shall not be considered as a plat of any lawful subdivision. All plats
shall be recorded in the Plat Book of Lawrence County, Missouri, according
to requirements contained in Section 89.440, RSMo.
D.
Suitability Of Land For Subdivision Development. Land unsuitable
for subdivision development due to poor drainage, flooding, steep
slope, extensive rock formation, lack of sanitary facilities, or any
other conditions and prima facie constituting a danger to health,
life, or property shall not be approved for subdivision development
unless the subdivider presents evidence or data satisfactory to the
Commission establishing that the methods proposed to meet any such
condition are adequate to avoid any danger to health, life, or property.
[R.O. 1993 § 410.020; Ord. No.
86-1900, App. A § II, 3-10-1986; Ord. No. 96-2214 §§ 1
— 2, 2-27-1996]
A.
General Statement. Words used in the present tense shall include
the future; the singular number shall include the plural, and the
plural the singular; the word "building" shall include the word "structure";
the word "shall" is mandatory; the word "may" is permissive.
B.
ALLEY
BARRIER (NATURAL OR ARTIFICIAL)
BLOCK
BUILDING
BUILDING LINE
CAMPER or TRAVEL TRAILER
CAMPGROUND or TRAVEL TRAILER PARK
CITY
COMMISSION
COMPREHENSIVE PLAN
CUL-DE-SAC
DESIGN
EASEMENT
FLOOD HAZARD AREA
HILLSIDE AREA
HILLSIDE STREET
IMPROVEMENT PLANS
IMPROVEMENTS
LOT
LOT AREA
LOT, CORNER
LOT, DOUBLE FRONTAGE
MASTER PLAN
MOBILE HOME (TRAILER)
MOBILE HOME PARK: (TRAILER PARK)
MOBILE HOME SPACE
MOBILE HOME, DEPENDENT
MOBILE HOME, INDEPENDENT
NET AREA
PARKING LANE
PARKING SPACE
PEDESTRIAN WAY
PERSON
PLAT
PUBLIC WATER COMPANY
RECREATION OR PLAYGROUND CENTER
ROADBED
ROADWAY
SETBACK LINE
SLOPE
STREET
STREET CLASSIFICATIONS
STREET, COLLECTOR
STREET, MINOR
STRUCTURE
SUBDIVIDER
SUBDIVISION
SUBDIVISION, MINOR
UNITS
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions. For the purposes of this Chapter, the terms used herein
are defined as follows:
A permanent serviceway, dedicated to public use primarily
for utility or vehicular service access to the rear or side of properties
otherwise abutting on a street.
Any street, highway, river, pond, canal, railroad, levee,
embankment, or screening by a fence or hedge.
An area of land entirely bounded by streets, highways or
ways, except alleys, pedestrian ways, or exterior boundaries of a
subdivision unless such exterior boundary is a street, highway or
way, or a combination of streets, public parks, cemeteries, railroad
rights-of-way, bulk headlines, or shorelines or waterways, or corporate
boundary lines.
Any structure, whether temporary, semipermanent or permanent,
designed or intended for the support, enclosure, shelter, or protection
of persons or property.
(See SETBACK LINE).
A vehicle or structure designed and constructed in such manner
as will permit temporary occupancy as living and sleeping quarters
as is primarily required during camping or vacation travels. Such
facility has identical characteristics to a mobile home in that it
can be conveyed on the streets; however, in no way is it intended
to become a permanent residence.
Any plot of ground upon which a camper or travel trailer
is located regardless of whether or not a charge is made for such
accommodation. However, such definition shall not include storage
of one (1) personal camper or travel trailer upon the property of
the owner.
As hereinafter referred shall mean Aurora, Missouri.
Planning and Zoning Commission of the City of Aurora, Missouri.
The plan or any portion thereof, adopted by the Commission
for the coordinated physical development of Aurora, Missouri, including,
among other things, plans and programs regarding the location, character
and extent of highways, transportation routes, bridges, public buildings,
schools, parks, forests, wildlife refuges, dams and projects affecting
the conservation of natural resources.
A short street, having only one (1) end open for vehicular
traffic, and the other permanently terminated by a full turnaround
for vehicles.
The arrangement of land for easements, lots, and rights-of-way,
including materials, alignment, grade, and width of these elements.
A grant by the property owner to a person, corporation, or
the public of the right to the use of designated land area for specified
purposes.
All land subject to periodic inundation from overflow of
natural waterways when subjected to the maximum possible run-off from
three (3) inches of rain per hour as calculated by approved engineering
methods.
An area with an average slope of twenty percent (20%) or
more, and a cross slope from twenty percent (20%) to forty percent
(40%).
A street in which the cross slope of the existing ground
exceeds fifteen percent (15%) and the center-line slope exceeds fifteen
percent (15%).
The engineering plans showing types of materials and construction
details for the physical structures and facilities to be installed,
both in or in conjunction with the plat.
Refers to such street work, streetlight signs, and utilities,
including water, sewer, electric, gas and stormwater, to be installed
or agreed to be installed, in total or in part, by the subdivider
on land to be used for public or private streets and easements, as
are necessary for the general use of lot owners in the subdivision
and local neighborhood traffic and drainage needs as a condition precedent
to the approval and acceptance of the final map thereof.
A parcel of land intended to be separately owned, rented,
developed, or otherwise used as a unit.
The total horizontal area within the boundaries of a lot,
exclusive of any land designated for roadway purposes.
A lot abutting upon two (2) or more streets at their intersection.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
The comprehensive plan made and adopted by the Planning and
Zoning Commission of the City of Aurora.
Any vehicle or structure so designed and constructed in such
manner as will permit permanent occupancy thereof as living and sleeping
quarters for one (1) or more persons, or the conduct of any business
or profession, occupation, or trade, or use as a selling or advertising
device, and so designed that it is or may be mounted on wheels and
conveyed on highways or streets, propelled or drawn by its own or
other motive power, excepting a device used exclusively upon stationary
rails or tracks.
Any area, tract, site, or plot of ground on which a mobile
home occupied for dwelling or sleeping purposes is located or intended
to be located regardless of whether or not a charge is made for such
accommodation. Such definition includes all buildings used or intended
to be used as a part of the equipment or facilities thereof.
A plot of ground within a mobile home park designed for the
accommodation of one (1) mobile home.
A mobile home which does not have a flush toilet and a bath
or shower.
A mobile home which has a flush toilet and a bath or shower.
The entire area within the boundary lines of the site, less
the area of any street right-of-way.
An auxiliary lane of a roadway, used primarily for vehicular
parking.
An area set aside, either on an individual lot or on any
other portion of a subdivision, which is reserved for vehicular parking.
A right-of-way dedicated to public use which cuts across
a block to facilitate pedestrian access to adjacent streets and properties.
Any individual, firm, association, partnership, or corporation.
A map showing the design of a subdivision and the existing
conditions. The design shall include all trafficways, utilities, drainage
provisions, and appurtenances.
Any person, company, corporation, or institution who has
a written permit from the Missouri Department of Natural Resources
to supply water for domestic purposes to the public.
A usable parcel of land suitably drained, free of stagnant
pools of water, with sufficient soil to support the growth of plant
material, and containing a variety of recreational facilities.
The graded portion of a street, upon which the base course,
surface course, shoulders, and medium are constructed.
The portion of a street, including shoulders, for vehicular
usage.
The line generally parallel to the front, side, or rear lot
line establishing the minimum space to be provided as the front, side,
or rear yard.
The degree of natural inclination of the existing ground
which is used as the basis for determining the hillsides.
A general term denoting a public or private way for the purpose
of vehicular travel. The term includes all facilities which normally
occur within the right-of-way; it shall also include such other designation
for a street as: a highway, thoroughfare, parkway, throughway, road,
pike, avenue, boulevard, lane, place, drive, court, or as otherwise
designated, but excluding an alley or a way for pedestrian use only.
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1.
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HIGHWAYS — A street or road of great continuity with either
a single roadway or a dual roadway which serves or is intended to
serve major traffic flow and is designated in the master plan or is
otherwise designated as a limited access highway or freeway, highway,
boulevard, parkway, or other equivalent term to identify those streets
comprising the basic street system.
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2.
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THOROUGHFARES — A street or road of considerable continuity
which serves or is intended to serve principal traffic flow between
separated areas or districts and which is the main means of access
to the residential street or roadway system.
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3.
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MARGINAL ACCESS STREETS OR FRONTAGE ROADS — A minor street
which is generally parallel to or adjacent to a major traffic thoroughfare
highway or railroad right-of-way and provides access to abutting properties.
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A street which carries or is proposed to carry intermediate
volumes of traffic from minor streets to major streets, and which
may or may not be continued.
A street of limited continuity used primarily for access
to abutting properties, providing for minimum speeds and traffic volumes.
Anything constructed, which requires permanent or temporary
location on the ground or is attached to something having a permanent
or temporary location on the ground.
Any person, firm, partnership, association, corporation,
estate, or other group or combination acting as a unit, dividing or
proposing to divide land in a manner that constitutes a subdivision
as herein defined. The term "subdivider" shall include any agent of
any subdivider.
Any land improved or unimproved, or any portion thereof,
shown on the last preceding tax roll as a unit or as contiguous units,
which is divided into two (2) or more lots, plots, sites or other
divisions of land for the purpose of offering for sale, lease or development,
including resubdivision. "Subdivision" includes the division or development
of residential and non-residential zoned land, including planned developments,
whether by deed, metes and bounds description, map, plat or other
recorded instrument and the dedication, opening or widening of any
proposed or existing right-of-way for a public or private street.
A division of land into two (2) but not more than four (4)
lots, which does not include any new streets, improvements, sewer
extensions, easements, or rights-of-way; a division of land in which
each parcel is five (5) acres or more in area, and which does not
include any new streets, improvements, sewer extensions, easements,
rights-of-way, or other provisions for public areas and facilities;
the division of land held by a bona fide partnership in existence
for two (2) or more years upon dissolution thereof, a division of
land among the immediate members of a family for personal use which
does not include any new streets, improvements, sewer extensions,
easements, or rights-of-way.
An area within a trailer or mobile home park, court, or camp
of not less than two thousand (2,000) square feet of unoccupied space
designated for the exclusive use of not more than one (1) automobile
and one (1) trailer or mobile home.
Any open space located on the same lot with a building or
structure, unoccupied and unobstructed from the ground up, except
for any accessory buildings or projections as are permitted on the
lot.
A yard extending across the front of a lot between the side
yard lines and being the minimum horizontal distance between the street
line and the front building line.
A yard extending along the rear of a lot between the side
yard lines and being the minimum horizontal distance between the rear
lot line and the rear building line.
A yard extending along each side of a lot between the front
yard line and the rear yard line and being the minimum horizontal
distance between the side lot line and the side building line.
[R.O. 1993 § 410.030; Ord. No.
86-1900, App. A § III, 3-10-1986; Ord. No. 2002-2516 § I, 8-13-2002; Ord. No. 2008-2788 § 1, 3-25-2008]
A.
Advisory Meeting With City Staff And Other Agencies. Prior to the
preparation of the preliminary plat, the subdivider shall submit a
sketch plat and consult with the staff of the City of Aurora, utility
companies, Board of Education and the Missouri Department of Natural
Resources in order to familiarize himself with the standards established
in these regulations and the provisions of the Comprehensive Plan
affecting land proposed to be subdivided. After the advisory meeting
the Planning and Zoning Commission reviews and approves or disapproves
the sketch plat with or without changes requested by the Planning
and Zoning Commission.
B.
Procedure. After approval of the sketch plat by the Planning and
Zoning Commission, the subdivider shall submit sufficient copies of
the preliminary plat [ten (10) copies and a reproducible copy] and
plan and profiles [five (5) copies] for providing streets, curb and
gutters, water, sewage disposal and storm drainage/detention which
shall be reviewed and approved for compliance with City ordinances
by the City staff. The sheet size shall be limited to twenty-four
(24) inches by thirty-six (36) inches, unless extreme conditions require
a larger size to clearly delineate the proposed subdivision. After
submission of the preliminary plat, the Planning and Zoning Director
shall transmit copies thereof for review and recommendations to the
following:
1.
City staff;
2.
School district;
3.
Each company or public agency furnishing electric, gas, telephone,
water or sewer service;
4.
Missouri Department of Highways and Transportation - only when
Federal and State highways are involved.
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After receiving approval from City staff, the subdivider may
then request the Commission to review his/her preliminary plat. Application
forms may be obtained from the Planning and Zoning Department. The
application shall be accompanied by the required filing fee, the bond
or escrow agreement in the form required by this Chapter, and all
required permits from Federal, State and local government. The plat
shall be reviewed by the Commission at its first meeting following
the expiration of fifteen (15) days after the filing of the request
to the Commission. A person seeking to subdivide land as a minor subdivision
shall file a written statement with the Commission indicating the
nature of the transaction. If it is determined that such transaction
qualifies as a minor subdivision, the subdivider may not be required
to file the preliminary plat data and may proceed with the preparation
of the final plat.
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C.
Information Required On Preliminary Plat. The preliminary plat shall
be drawn to a scale of not greater than two hundred (200) feet to
the inch and shall contain the following information:
1.
The name of the proposed subdivision and the tract designation
of the property as shown on the records of the County on file in the
County Recorder's office.
2.
The names and addresses and seals (if applicable) of the owner,
subdivider, surveyor, landscape architect, engineer and any others
who may have prepared the plat.
3.
The location of all existing monuments of record.
4.
The gross and net acreage of the proposed subdivision; the acreage
of streets; and of any areas reserved for the common use of the property
owners within the subdivision.
5.
The boundary lines of the proposed subdivision; and their bearings
and distances, with ties to existing section corners and/or corners
or points of legally recorded subdivisions of record within the corporate
limits of the City. This data shall be prepared by a surveyor licensed
in Missouri.
6.
All section lines, United States Survey and township lines,
lines of incorporated areas, sewer districts, public water supply
and drainage districts, school districts and all other legally established
districts.
7.
The location, purpose, type and dimension of all streets and
easements, existing and/or platted in, and in the immediate adjacent
bordering area(s) or subdivisions of the proposed subdivision, the
locations of all existing underground utility installations in the
proposed subdivision.
8.
The proposed location and approximate dimensions of all lots,
building lines, easements and improvements thereon and the proposed
use of the lot.
9.
The areas within the proposed subdivision subject to inundation
or stormwater overflow, the subsurface conditions of the property,
including the results of any tests made to ascertain subsurface rock,
soil and groundwater and the results of soil percolation tests, if
individual septic tanks are proposed. This data shall be prepared
by a registered professional engineer licensed to practice in the
State of Missouri.
D.
Supplemental Information Required With Preliminary Plat. The subdivider
shall file with the preliminary plat the following:
1.
Preliminary plans and profiles shall be submitted [at a scale
of no greater than twenty (20) feet to the inch] for: Each proposed
street (including grade, width and type of pavement), stormwater drainage,
grading and other improvements being proposed. (Preliminary improvement
plans for water and sewage disposal systems shall be included as approved.)
2.
Whenever part of a tract is proposed to be subdivided and additional
portions thereof to be subdivided in the future, a sketch plan of
the entire tract shall be submitted.
3.
If street lighting is proposed, a map showing the arrangement
thereof.
4.
All maps shall show the date, scale and north point. Each individual
sheet shall be identified with its proper numerical sequence.
5.
Any proposed indenture of restrictions, providing for the establishment
of a Governing Body of the property owners.
E.
Review Of The Preliminary Plat. Within thirty (30) days after submission
of all of the data hereinabove required, the Commission shall review
and make a report thereon. It shall approve or disapprove the preliminary
plat, including the plans and profiles of all improvements. Prior
to granting approval of the preliminary plat, the Commission may impose
any conditions deemed conducive to the health, safety and welfare
of the community. Action shall be noted on two (2) or more copies
of the preliminary plat and signed by the Chairman of the Commission.
One (1) copy shall be returned to the subdivider, and one (1) copy
retained by the Commission for record. If approved by the Planning
and Zoning Commission, they shall make a recommendation to City Council
for approval. Approval of the preliminary plat shall lapse unless
a final plat of all or a portion of the land included in the preliminary
plat is submitted to the Commission within one (1) year from the date
of the approval of the preliminary plat. A maximum of two (2) year
extension of time may be granted by the Commission, upon application
to the Commission, by the subdivider and prior to the expiration of
the initial approval.
F.
Approved Preliminary Plat. Approval of the preliminary plat by the
City Council is an authorization to the subdivider to proceed with
the development.
[R.O. 1993 § 410.040; Ord. No.
86-1900, App. A § IV, 3-10-1986; Ord. No. 96-2212 § 1, 2-27-1996]
A.
No preliminary subdivision plat shall be approved unless it conforms
to the following minimum standards of design.
1.
Streets.
a.
Relation To Adjoining Streets. The arrangement of rights-of-way in a subdivision shall provide for the continuation of the existing streets or rights-of-way in adjoining areas, unless the Commission deems such continuation undesirable for reasons of topography or design. Where subdivision streets or rights-of-way are continuations or extensions of existing streets or rights-of-way, the width thereof, where practical, shall be at the same or greater width or width sufficient to adequately serve the subdivision of the existing street or right-of-way, except that in no case shall the street or right-of-way in the subdivision be of less width than hereinafter provided in Subsection (A)(1)(c) below.
b.
Projection Of Streets. Where, in the opinion of the Commission,
it is desirable to provide future street access to adjoining areas,
the streets and rights-of-way in the subdivision shall be extended
by the provision of a right-of-way for street purposes from the end
of the pavement to the property line of the subdivision. If deemed
necessary by the Commission, any such dead-end street shall be provided
with a temporary turnaround or "Y" intersection. The street arrangements
shall not be such as to cause hardship to owners or adjoining property
in platting their own land and providing convenient access to it.
However, except to avoid landlocking property, nothing herein shall
be construed to require that private streets in one subdivision shall
provide access to adjacent lands.
c.
Classification Of Streets And Widths Of Rights-Of-Way.
(1)
All streets shall be classified as either highway,
thoroughfare, collector, minor, parkway, or marginal access (service)
in accordance with their use and function, the standards of public
safety and topographic conditions. The classification of each street
designated on a plat shall be reviewed by the Commission and revised
as necessary to conform with the standards of these regulations.
(2)
Streets shall have the following right-of-way widths:
|
Street Type and Purpose
|
Right-of-Way Minimum Width
|
|---|---|
|
Highway
|
100 feet
|
|
Thoroughfare
|
80 feet
|
|
Collector streets
|
50 feet
|
|
Minor streets
|
50 feet
|
|
Parkways
|
Variable - 120 feet upwards
|
|
Marginal access streets (service roads)
|
50 feet
|
|
Alleys
|
20 feet
|
(3)
Subdivisions adjacent to existing deficient streets
or roads shall provide additional right-of-way, to meet the minimum
width requirements set forth.
(4)
A subdivision located on only one (1) side of an
existing street or county road shall provide one-half (1/2) of the
required right-of-way width, measured from the center line of the
existing roadway.
d.
Intersections.
(1)
Streets shall intersect, as nearly as possible,
at right angles.
(2)
Street curb intersections shall be rounded by radii
of at least twenty-five (25) feet. When the smallest angle of street
intersections is less than sixty degrees (60°), the Commission
shall require curb radii of greater length.
e.
Curves And Grade Changes In Streets — Horizontal.
(1)
A tangent of at least one hundred (100) feet long
shall be introduced between reversed curves on major and collector
streets.
(2)
Where there is a deflection angle of more than
ten degrees (10°) in the alignment of a street, not including
intersection with any street, a curve with a radius adequate to insure
safe sight distance shall be made. The minimum radii of curves shall
be:
|
Street Types
|
Minimum Curve Radius
|
|---|---|
|
Highway, thoroughfare & parkways
|
350 feet
|
|
Collector
|
250 feet
|
|
Minor and marginal access
|
100 feet
|
f.
Street Grades And Elevations.
(1)
No street grade shall be in excess of: highways,
thoroughfares, and parkways, seven percent (7%); collector, ten percent
(10%); minor and marginal access, twelve percent (12%), except as
otherwise approved by the Commission because of adverse topographic
conditions.
(2)
All curbing (or street ditching where permitted)
shall be designed to provide for surface water drainage from the surrounding
area, buildings and pavement. The minimum grade shall be not less
than one-half of one percent (0.05%).
(3)
The Commission shall not approve streets which
will be subject to frequent or repeated inundation or flooding.
g.
Marginal Access Streets (Service Roads). Where the subdivision
abuts on or contains an existing or proposed major street, the Commission
may require marginal access streets to be provided to avoid lot frontage
on major streets.
h.
Street Jogs. Street jogs with center-line offsets of less than
one hundred (100) feet are prohibited.
i.
Culs-De-Sac. Culs-de-sac shall be no longer than six hundred
(600) feet and shall terminate in a circular open space having a radius
at the outside of the pavement of at least fifty (50) feet and a diameter
at the outside of the right-of-way of at least one hundred twenty
(120) feet. A cul-de-sac greater than six hundred (600) feet in length,
shall require approval of the Planning and Zoning Commission based
on the following criteria: low density development such as "R-1" or
"R-2," topography, and environmental factors as determined by the
Planning and Zoning Commission.
j.
Street Names.
(1)
Proposed streets which are continuations of, or
in alignment with, existing named streets shall bear the names of
such existing streets, unless otherwise approved by the Commission.
(2)
The name of a proposed street which is not in alignment
with an existing street shall not duplicate the name of any existing
or platted street.
(3)
All names of streets proposed by the subdivider
shall be approved or disapproved by the Commission in accordance with
this Chapter.
k.
Alleys. Alleys shall be provided to give access to the rear
of all lots used for commercial and industrial purposes except where
other provisions are made for access. Alleys may be required in certain
residential subdivisions by the Planning and Zoning Commission.
l.
Streets In Relation To Railroads, Expressways, Freeways, And
Parkways. When the area to be subdivided adjoins or contains, for
a considerable distance, a railroad right-of-way, an expressway or
freeway, a street shall be provided approximately parallel to the
side of such right-of-way. In determining the distance of such parallel
street from the right-of-way, consideration shall be given to the
distance required for approach grades to future grade separations.
2.
Blocks.
a.
Length. Block lengths shall not exceed one thousand four hundred
(1,400) feet nor be less than four hundred (400) feet in length. If
the topography justifies a departure from the stated maximum length,
such variance shall require approval of the Planning and Zoning Commission.
Excess grades on intersecting streets may be considered justification.
b.
Width. Blocks shall be at least wide enough to allow two (2)
tiers of lots of minimum lot depth. The Commission may approve double
frontage lots which would otherwise front on a major street or where
topographic or other tract conditions prevent single frontage design.
Where double frontage lots are permitted, a twenty-foot landscaped
buffer shall be provided and access from the "rear" street prohibited.
c.
Pedestrian Way. Pedestrian ways may be required across blocks
which exceed nine hundred (900) feet in length, to connect dead-end
streets, or to provide access to parks, schools, shopping areas, or
similar facilities. If a pedestrian way is required a ten (10) foot
right-of-way shall be set aside with a four (4) foot pavement, and
at a grade no steeper than fifteen percent (15%) unless steps of adequate
design are provided.
3.
Lots.
a.
Frontage.
(1)
Minimum Width. The minimum width of a residential
lot shall be seventy (70) feet at the front setback line.
(2)
Arrangement. Each lot shall be free from flooding.
No lot shall be impractical of improvement due to steepness of terrain,
dangerous soil conditions, stormwater collection, or other adverse
natural physical conditions. Side lot lines shall be at right angles
to street lines and radial to curved street lines where practical.
b.
Dimensions.
(1)
The size, shape, and orientation of lots shall
be designed to provide desirable building sites, properly related
to topography, natural features, streets, and land uses.
(2)
Residential lots not served by a sewage disposal system shall have a lot area of not less than twenty-one thousand seven hundred eighty (21,780) square feet, or such area as may be determined to be necessary by the Commission. (See Section 410.070).
(3)
Residential lots served by public sewers shall have a lot area of not less than eight thousand (8,000) square feet and a minimum depth of one hundred ten (110) feet. (See Section 410.070 for steep slope requirements.)
(4)
The minimum lot area of residential lots proposed
to be served by individual private wells shall be as determined by
the Commission and the Missouri Department of Natural Resources in
accordance with the factors of soil conditions, and the proposed sewage
disposal system.
(5)
Remnants of land, containing less area than herein
required and not designated and accepted for utility or public purposes,
shall not be permitted.
(6)
Where property is proposed for development for
commercial uses, the subdivider shall design a layout providing for
an overall or unified development, and where possible, avoid the platting
of individual lots for each business establishment.
(7)
When property is to be developed for industrial
uses, consideration will be given to a flexible lot, street, and utility
arrangement in order to allow for the needs of particular industries.
4.
Utility And Drainage Easements.
a.
Except where alleys are permitted or required, there shall be
utility easements at least twelve (12) feet in width along rear lot
lines. Where deemed appropriate, utility easements shall be provided
along the side lot line or across lots.
b.
Stormwater easements and drainage rights-of-way shall be required
as deemed necessary. The subdivider shall provide an adequate easement
and facilities to prevent flooding or erosion along each side of the
stream. This easement shall be for any flood abatement purpose as
determined by the Commission and any local or State agencies so concerned.
The subdivider may be required to enlarge, straighten, or clear the
existing drainage channel at time of construction to prevent altering
of downstream or upstream drainage.
5.
Community Assets And Public Areas. Due regard shall be given
to: natural features such as large trees, unusual rock formations,
and watercourses; sites which have historical significance; and for
similar assets, the preservation of which would add attractiveness
and value to the subdivision. Sites which are mutually accepted by
the subdivider and the appropriate public agencies for school, park,
recreation, or other public improvements or uses shown on the comprehensive
plan shall be reserved and designated for such uses on the plat of
any subdivision in which such a parcel is located.
[R.O. 1993 § 410.050; Ord. No.
86-1900, App. A § V, 3-10-1986; Ord. No. 2008-2788 § 1, 3-25-2008]
A.
Procedure. The owner or developer is required to have all subdivision
improvements/infrastructures, including sidewalks (if required), completed
prior to the filing of the final plat. The subdivider shall employ
a licensed engineer to prepare the final subdivision plat for final
review and recording. The subdivider shall file the final plat and
supplements thereto on linen, mylar or similar durable reproducible
material, together with sufficient copies. The sheet size shall be
of sufficient size to clearly delineate the features. The plat and
supplementary material shall be submitted to the Planning and Zoning
Director by the subdivider to be reviewed.
B.
Information Required On Final Plat.
1.
This final plat shall be at a scale no less than two hundred
(200) feet to the inch and shall contain the following information:
a.
The name of the subdivision and the location of the property
as to the block, section or United States Survey as the case may be.
b.
The boundaries of the tract.
c.
The lines of all street rights-of-way, easements, and other
rights-of-way, all lot lines and building lines with figures showing
specific dimensions in decimals of a foot.
d.
Specific bearings or deflection angles, radii, area and central
angles of all curves.
e.
The lines of all pertinent adjoining lands and streets and their
names.
f.
Location and description of monuments referenced to United States
Geological Survey Datum Plan.
g.
The designation of all areas to be used for other than residential
lots and their proposed use.
h.
If the property is within or adjacent to areas subject to periodic
inundation, note overflow areas subject to periodic flooding.
i.
Certification and seal of surveyor as to accuracy of survey
and plat.
j.
Acknowledgment of the owner and mortgagee regarding plat and
all dedications, restriction and conditions affecting property platted.
2.
All documents, maps, surveys and plans shall contain the date,
title, name and location of the subdivision, the names and addresses,
and seals (if applicable) of the subdivider, owner, architect, surveyor
and engineer, the graphic scale and reference north based on an established
control.
3.
All dimensions, angles, bearings and similar data shall be tied
to primary control points designated by a registered surveyor. Locations
and descriptions of said control points shall be given. Except where
otherwise approved by the Commission, the control point shall be established
section corners and quarter section corners or other recorded or established
survey controls. All contours, grades and elevations shall, where
possible, use the United States Geological Survey Datum Plan and shall
be designated on the plat. When not deemed practical, other bench
points may be utilized on the approval of the Planning and Zoning
Commission.
C.
Supplemental Information Required With Final Plat. The subdivider
shall file with the final plat the following:
1.
Copies of the as-built drawing of all subdivision improvements,
such as streets, sewers, storm drains and structures, including grading
plans, if required.
2.
The bond or escrow agreement in the form required by this Chapter.
3.
A copy of any indenture of restrictions as approved by the Commission.
D.
Review Of Final Plat.
1.
The City staff shall check the plat to determine the accuracy
of computations and other items designated thereon. Upon approval
from City staff, the final plat shall be forwarded to the Planning
and Zoning Commission for approval or disapproval and acceptance and
dedication of all required infrastructure at its first regular meeting
[not less than ten (10) days nor more than thirty (30) days following
submission] following submission of the final plat and supplemental
data. If approved, the Commission shall make recommendation to the
City Council. Copies of the final plat containing any area proposed
to be dedicated to public use shall be forwarded by the Commission
to the City Council for its consideration and action. When the final
plat has been approved by the Commission, a copy thereof shall be
forwarded to the individuals and agencies listed below:
|
City of Aurora
|
(6 copies)
|
|
Electric and Water District
|
(2 copies)
|
|
Gas Service Company
|
(1 copy)
|
|
Telephone Company
|
(1 copy)
|
|
Missouri Department of Highways and Transportation
|
(1 copy, if applicable)
|
2.
The Commission actions shall be noted on the plat and signed
by the Chairman for the Commission. If the plat is disapproved, the
grounds therefor shall be stated in the Commission minutes and furnished
to the subdivider.
3.
After approval of the City Council, at least one (1) permanent
recorded copy of the plat and any indenture of restrictions shall
be filed with the County Clerk by the subdivider. Two (2) permanent
recorded copies of the plat and any indenture of restrictions shall
be filed with the City of Aurora by the subdivider. Recordation shall
not take place until after appropriate fees are paid by the subdivider.
No building permits shall be issued until such recordation.
[R.O. 1993 § 410.060; Ord. No.
86-1900, App. A § VI, 3-10-1986]
A.
General Standards. The Commission may grant a variation from these
regulations when its strict application would result in extreme practical
difficulty and undue hardships by reason of the unusual shape of a
specific parcel or property or exceptional topographic conditions.
In granting any variance or modification, the Commission may prescribe
such conditions as will secure the objectives of these regulations.
No variance shall be granted unless the Commission finds that no detriment
will be caused to the public welfare and no injury will be caused
to other property in the area in which the property for which the
variance is requested is situated, and that the variance will not
substantially impair the intent and purpose of these regulations.
B.
Planned Residential Developments. The Commission may approve a comprehensive
planned residential development, including residential neighborhood
units, clusters, and condominium types, if it finds that the variations
from these regulations will not adversely affect the health, welfare,
safety, and convenience of the individuals occupying said development.
Such development plan must meet the requirements of the zoning regulations.
C.
Minor Subdivision. The information required on the final plat and
the improvements to be installed for a minor subdivision shall be
as designated by the Commission.
[R.O. 1993 § 410.070; Ord. No.
86-1900, App. A § VII, 3-10-1986; Ord. No. 88-1964 § 3, 3-14-1988]
A.
Notwithstanding any of the provisions of these regulations, the following
requirements shall constitute the minimum standards of design, and
improvements in proposed subdivisions of areas containing hilly or
steep slope conditions. Any engineering variation from the standards
herein provided must be fully substantiated by satisfactory engineering
justification to the Planning and Zoning Commission before deviations
by the Commission will be approved. The subdivider shall follow all
requirements contained herein for filing preliminary and final plats.
2.
The Commission may permit a deviation in the front yard setback
areas in order to permit garages and driveways to be placed at street
level. Where excess lot slopes are to be used as building sites, the
subdivider shall show on the plat the location of all buildings or
structures proposed. No structure or building shall be permitted to
project into a street right-of-way.
B.
Streets.
1.
Lesser widths of rights-of-way, pavements, and accessory elements as required in Section 410.040 may be approved by the Commission upon its determination that the cross slope will not permit compliance with provisions therein.
2.
In subdivisions or portions thereof having lots of a minimum
area of one (1) acre, the following standards should apply:
a.
Street grades for minor residential streets may be increased
to twenty-five percent (25%), provided that straight curbs are installed.
b.
Rights-of-way widths may be reduced to thirty (30) feet, with
a minimum pavement width of eighteen (18) feet, if straight curbs
are installed on at least one (1) side of the street.
c.
Integral curbs may be permitted.
d.
Pavements and curbs shall be constructed in accordance with
the requirements in force.
3.
Design standards and improvement requirements for horizontal and vertical street curves may be reduced to a seventy-five-foot radius for minor streets. Standards for street grades shall be the same as Section 410.040(A)(1)(f), except that some grades on minor streets may be permitted up to twenty percent (20%) for short straight distances. All streets which have grades of fifteen percent (15%) or more shall have straight curbs installed.
C.
Grading Plan. Contour lines of five-foot intervals shall be shown
on the plat where the average slopes exceed six percent (6%). Where
slopes in excess of fifteen percent (15%) occur, the preliminary plat
shall indicate the general location and magnitude of all cuts and
fills. A grading plan shall be submitted with the preliminary plat
showing how the proposed grading will affect the drainage of the surrounding
area and the nature of the improvements which are proposed, if the
average slope of the hillside subdivision is in excess of twenty-five
percent (25%).
D.
Cut And Fill Areas.
1.
Cuts, excavation, grading and filling, where same materially
changes the site and its relationship to the surrounding property,
shall not be permitted if such excavation, grading, or filling results
in slopes in excess of twenty-five percent (25%) except where adequate
engineering facilities are constructed to prevent slides and erosion.
2.
Where a cut or fill area is outside the normal right-of-way
of the street, an easement shall be provided of sufficient width and
area to permit the required side slopes, drainage channels, warping
and rounding of cross section to be constructed and maintained.
3.
Structures or buildings, when located near cuts or fills, shall
have a setback line of not less than ten (10) feet from the crest
of fills up to twenty-five (25) feet in height and the distance will
be increased proportionally for higher fills. On cuts, a building
or structure shall have a setback line of not less than twenty (20)
feet distant from the base of the slope.
4.
In any fill area, satisfactory compaction of fill is mandatory.
Compaction of a lesser density, as determined by the Commission, may
be permitted in those areas where no building or structure is to be
placed.
E.
Stormwater Drainage System. The improvement plans for an adequate
stormwater drainage system, including all necessary open ditches,
pipes, culverts, intersectional drains, drop inlets, bridges, and
other necessary structures, and improvements which are required for
the proper drainage of all surface waters shall be provided. This
system must prevent the infiltration of water in areas of fills or
cuts thereby causing the land to slip or collapse. Adequate provision
and maintenance must be made for on-lot drainage channels and control
of erosion on slope areas for either cuts or fills.
F.
Water Supply System. Where applicable, the improvement plans for
the water supply system installation shall be approved by local officials
and the governing body prior to the submission of the final plat.
G.
Sewage Disposal System. The improvement plans for the sewage disposal
system installation shall be approved by local officials and the governing
body prior to the submission of the final plat.
I.
Utility Connections. Connection between stormwater drainage systems
and sewage disposal systems shall not be permitted.
[R.O. 1993 § 410.080; Ord. No.
86-1900, App. A § VIII, 3-10-1986; Ord. No. 88-1964, § 1, 3-14-1988; Ord. No. 2005-2667 § 1, 11-22-2005; Ord. No. 2006-2710 § 1, 2-14-2006]
A.
The following improvements shall be required of the subdivider subject
to adopted Council policies:
1.
Streets. The subdivider shall install not less than twenty-eight-foot-wide
pavement and curb on all streets. No grading or other construction
shall take place within a street right-of-way until the construction
plans have been approved by the Building Official. Street paving shall
be located in the center of the right-of-way and shall conform to
the specifications of the City of Aurora, and compliance therewith
shall be confirmed by the Building Official prior to release of surety
by the City Council.
|
Streets
|
Base Rock
|
Black Base
|
Asphaltic Concrete Portland Cement Concrete
|
|---|---|---|---|
|
Minor, marginal access
|
6 inches
|
2 inches
|
2 inches
|
|
Collector
|
6 inches
|
4 inches
|
2 inches
|
|
Major, primary or secondary
|
6 inches
|
5 inches
|
4 inches
|
2.
Alleys. If alleys are required by these regulations or by the
Planning and Zoning Commission or are permitted, then they shall be
constructed of chip and seal not less than seven (7) inches thick
[six (6) base] unless traffic loading requires additional construction.
Any alley construction requires approval of the Planning and Zoning
Commission.
3.
Storm Drainage. The subdivider shall install culverts, storm
sewers, rip-rap slopes, stabilized ditches and other improvements
to adequately handle stormwater. All structural improvements shall
comply with the Building Code adopted by the City and shall be approved
by the Building Official prior to construction.
4.
Sanitary Sewers And Other Utilities. The subdivider shall be
responsible for the proper installation of all utilities, including
sanitary sewers, and connection to approved treatment facilities,
and water supply (approved by the Missouri Department of Natural Resources),
natural gas, electricity and telephone service. Such utilities shall
be installed according to the specifications and minimum standards
of the controlling utility company or public agency. However, distribution
lines, power, telephone and others within the subdivision shall be
installed underground and all gas meters must be located within three
(3) feet of the building foundation if located within front yards
in all subdivisions and which the final plat is approved by the City
Council after the passage of these regulations. Utility sleeves shall
be provided at the time of street construction for extensions of water
mains and other utilities. Locations and sizes shall be determined
by the Building Official.
5.
Grading.
a.
Grading of land within the fifty-year floodplain or watercourse
designated and delineated as being subject to flood hazard shall not
be permitted unless sufficient topographic and hydrologic data developed
by a licensed engineer or qualified geologist is presented to the
Commission indicating that such action shall not have detrimental
influence on the flow characteristics of the stream or watercourse.
b.
Sediment basins may be required by the Commission to remove
sediment from runoff waters from areas being developed.
[R.O. 1993 § 410.090; Ord. No.
86-1900, App. A § IX, 3-10-1986; Ord. No. 93-2131 §§ 1
— 2, 12-20-1993; Ord. No. 2003-2549, 7-8-2003]
A.
Installation Surety.
1.
The proper installation of street pavement, curbs, or curb and
gutter, walks, storm drainage facilities, and street signs shall be
guaranteed by the subdivider or his/her agent of surety in the form
of surety bond, cashier's check, escrow account, irrevocable
letter of credit from a recognized lending agency, or other like surety.
Such surety shall be to the favor of the City and shall be satisfactory
at the time construction plans are submitted for approval and prior
to issuance of building permit. The amount of surety shall be for
one hundred percent (100%) of the full cost of improvements as estimated
by a registered professional engineer licensed to practice in the
State of Missouri and shall remain in effect until final acceptance
of all improvements by the Planning and Zoning Commission and acceptance
of the performance surety.
2.
Such surety shall be properly executed prior to any grading
or construction and may be released in segments upon written approval
of the Planning and Zoning Commission and by action of the City Council.
A building permit shall not be issued for any lot or tract in a residential
subdivision which abuts a street for which surety has not been furnished.
B.
Performance Surety. In addition to the above surety requirement,
a performance bond or irrevocable letter of credit from a recognized
lending agency to the favor of the City of Aurora shall be provided
by the subdivider, including all streets, curb and gutter, alleys,
sidewalks, sanitary sewer installation, storm sewer installation and
drainage structures. Such surety shall be in effect prior to acceptance
of the improvements and shall remain in effect for a period of one
(1) year from acceptance. The performance bond or letter of credit
shall be in an amount not less than twenty-five percent (25%) of the
installation surety. Such irrevocable letter of credit shall be approved
by the Aurora City Attorney.
[R.O. 1993 § 410.100; Ord. No.
86-1900, App. A § X, 3-10-1986]
The Planning and Zoning Commission shall require from a registered
professional engineer, a certificate, which is affixed to the final
plat, certifying that the engineer has inspected all of the improvements
installed and that the material contained therein meets the requirements
contained in the plans and specifications as approved by the Commission.
[R.O. 1993 § 410.110; Ord. No.
86-1900, App. A § XII, 3-10-1986]
[R.O. 1993 § 410.120; Ord. No.
86-1900, App. A-I, 3-10-1986; Ord. No. 2008-2788 § 1, 3-25-2008]
A.
Prior to the preparation of a preliminary plat for review by the
Planning and Zoning Commission, the subdivider and/or his/her engineer
shall submit a sketch plat and consult the City staff, County, Board
of Education and Department of Natural Resources to determine particular
requirements of each agency. Approval of the sketch plat is an authorization
to the subdivider to proceed with the development of a preliminary
plat and plan and profiles for approval. The following items should
be checked:
1.
Availability of an approved public sanitary sewer system.
2.
Availability of an approved public water system.
3.
Availability of storm sewers.
4.
Street right-of-way requirements.
5.
Zoning of the property to be subdivided.
6.
Zoning of adjacent land.
7.
Lot area requirements.
8.
Building setback requirements.
9.
Park site requirements.
10.
School site requirements.
13.
Data to be shown on the preliminary plat.
14.
Data to be shown on the final plat.
[R.O. 1993 § 410.130; Ord. No.
86-1900, App. A-I, 3-10-1986; Ord. No. 2008-2788 § 1, 3-25-2008]
A.
Following the pre-application procedure, the subdivider shall prepare
or cause to be prepared a preliminary plat and plan and profiles incorporating
the requirements found in the pre-application. Ten (10) copies of
the preliminary plat shall be filed with the Planning and Zoning Director.
B.
Upon receipt of the required copies of the preliminary plat, the Planning and Zoning Director shall distribute copies as required by Section 410.030(B) for review and report on needs for easements and other requirements.
C.
The Planning and Zoning Director shall check the plat and review
reports from the various departments and organizations. If the plat
complies with all the requirements of the subdivision regulations,
it shall be placed on the Planning and Zoning Commission agenda for
review and action. If said plat is found not in compliance with the
subdivision regulations, the plat shall be returned to the subdivider
for compliance. A letter of transmittal from the Planning and Zoning
Director shall state reasons of non-compliance.
D.
A letter of transmittal shall be prepared and submitted with the
preliminary plat. The letter of transmittal shall include the following
data:
1.
Date.
2.
Name of the subdivision.
3.
Name, address and phone number of the subdivider.
4.
Name, address and phone number of the landowner if not the same
as the subdivider.
5.
Name, address and phone number of the engineer or designer.
6.
Area of tract in acres.
7.
Number of lots in the subdivision.
8.
Minimum lot size in square feet.
9.
Average lot size in square feet.
10.
Type of water system proposed.
11.
Type of sanitary sewer system proposed.
12.
Type of storm sewer system or drainage system proposed.
E.
The preliminary plat shall contain the information set forth in Section 410.030(C).
F.
Approval of all or any part of the preliminary plat by the Planning
and Zoning Commission does not constitute final approval.
[R.O. 1993 § 410.140; Ord. No.
86-1900, App. A-I, 3-10-1986]
Submission of the final plat shall conform to the requirements set forth in Section 410.050.
