[R.O. 2004 § 420.010; Ord. No.
44 § 1, 3-14-2005]
A.
Scope. This Section prescribes the procedures for the subdivision
of all land within the incorporated area of Duquesne, Missouri, 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 Section is intended to set minimum requirements
to provide for the coordinated, efficient and economic development
of Duquesne, 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.
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 heath, life or property.
D.
Amendment Of Subdivision Regulations.
1.
A proposal for an amendment of the text of the subdivision regulations
is normally initiated by either the Planning and Zoning Commission
or the Board of Aldermen. However, a private citizen may request that
the Planning and Zoning Commission initiate the amendment process
by submitting a proposed change to the City Clerk.
2.
If the change is requested by a private citizen, the normal
procedure is for the City to permit the individual to present the
proposed amendment to the City Planning and Zoning Commission at a
regular meeting. The City Planning and Zoning Commission, based on
the information presented, will determine whether the proposal is
worthy of consideration as an amendment. If it is determined that
the proposal has merit, the City Planning and Zoning Commission may
set a date for the public hearing and authorize the publication of
the necessary public notice.
[R.O. 2004 § 420.020; Ord. No.
44 § 1, 3-14-2005]
A.
No County Recorder shall receive for filing or recording any subdivision
plat within the City of Duquesne unless the plat has been approved
by the Board of Aldermen, the City Planning and Zoning Commission
and the Mayor of the City of Duquesne, and their approval thereof
shall be endorsed upon the plat, under the hand of the City Clerk
and the Seal of the City and by the Secretary of the City Planning
and Zoning Commission.
B.
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 Section, and
a building permit shall not be issued unless public utilities (water,
sewer, electricity, gas, stormwater drainage) are available at the
site. This is supplemental to and not in derogation of the Revised
Statues of Missouri. Any plat of a subdivision of land in the incorporated
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 Jasper County, Missouri,
according to requirements contained in Section 89.440, RSMo.
C.
No owner, or agent of the owner, of any land located within the platting
jurisdiction of any municipality, knowingly or with intent to defraud,
may transfer, sell, agree to sell, or negotiate to sell that land
by reference to or by other use of a plat of any purported subdivision
of the land before the plat has been approved by the Board of Aldermen
or City Planning and Zoning Commission and recorded in the office
of the appropriate County Recorder unless the owner or agent shall
disclose in writing that such plat has not been approved by the Board
of Aldermen or City Planning and Zoning Commission and the sale is
contingent upon the approval of such plat by the Board of Aldermen
or City Planning and Zoning Commission. Any person violating the provisions
of this Section shall forfeit and pay to the City a penalty not to
exceed three hundred dollars ($300.00) for each lot transferred or
sold or agreed or negotiated to be sold; and the description by metes
and bounds in the instrument of transfer or other document used in
the process of selling or transferring shall not exempt the transaction
from this penalty. The City may enjoin or vacate the transfer or sale
or agreement by legal action, and may recover the penalty in such
action.
[R.O. 2004 § 420.030; Ord. No.
44 § 1, 3-14-2005]
Every plat hereafter shall be drawn to a scale as noted on the
plat, have written on its face its title and show the block, section,
United States survey or part thereof it purports to represent; and
the plat shall be so drawn that the precise location of the land purported
to be platted can be determined on inspecting the plat; provided,
however, that these provisions shall not apply to any plat issued
by authority of the United States or of the State of Missouri.
[R.O. 2004 § 420.040; Ord. No.
44 § 1, 3-14-2005]
Every map or plat of any addition or subdivision made, acknowledged,
certified and recorded in accordance with the provisions of this Chapter
and of the laws of the State of Missouri shall be a sufficient conveyance
to vest the fee of such parcels of land as are therein named, described
or intended for public uses in the City of Duquesne, in trust and
for the uses therein named, expressed or intended and for no other
use or purpose.
[R.O. 2004 § 420.050; Ord. No.
44 § 1, 3-14-2005]
Before the execution of the plat by the Mayor, there shall be
a certificate of dedication of all streets, public highways, alleys,
parks and all land intended for public use signed by the owner or
owners and by other parties who have a mortgage or lien interest in
the property, together with any restrictions which are to apply to
the lots.
[R.O. 2004 § 420.055; Ord. No.
44 § 1, 3-14-2005]
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
CITY
CITY COMPREHENSIVE PLAN
COMMISSION
CUL-DE-SAC
DESIGN
EASEMENT
FLOOD HAZARD AREA
GOVERNING BODY
IMPROVEMENTS
LIGHTING
a.
b.
c.
d.
e.
f.
g.
h.
LOT
LOT AREA
LOT, CORNER
LOT, DOUBLE FRONTAGE
NET AREA
OPEN SPACE
PARKING LANE
PARKING SPACE
PEDESTRIANWAY
PERSON
PLAT, FINAL
PLAT, PRELIMINARY
RECREATION OR PLAYGROUND CENTER
ROADBED
ROADWAY
SETBACK LINE
SIGN
STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS
STREET
a.
b.
c.
d.
STREET, PRIVATE
SUBDIVIDER
SUBDIVISION
SUBDIVISION, MINOR (LOT SPLIT)
USGSDP
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions. For the purpose of this Chapter, the terms used herein
are defined as follows:
A permanent public serviceway that affords only a secondary
means of access to abutting property.
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, pedestrianways 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 having a roof supported by columns or walls
for housing or enclosure of persons, animals or chattels. When any
portion hereof is completely separated from every other person thereof
by a division wall without openings, then each such portion shall
be deemed to be a separate building.
See "setback line."
As herein referred to shall mean City of Duquesne, Missouri.
The City plan adopted by the Board of Aldermen of the City
of Duquesne, Missouri, that is to be used as the primary foundation
for future land use and physical development of the City, including
subsequent amendments.
The City Planning and Zoning Commission of City of Duquesne,
Missouri.
A short street having only one (1) end open for vehicular
traffic and the other permanently terminated by a full turnaround
for vehicles.
The location of streets, alignment of streets, grades and
widths of streets, alignment of easements, grades and widths of easements,
alignment and rights-of-way for drainage and sanitary sewer and the
designation of minimum lot area, width and length.
A grant by the property owner to a person, corporation or
the right of the public 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 runoff from
three (3) inches of rain per hour as calculated by approved engineering
methods.
The Board of Aldermen of the City of Duquesne, Missouri.
Refers to such street work, streetlights, 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.
The following terms shall be used in administering the requirements
of the lighting performance standards:
CANDLEPOWERThe amount of light that will illuminate a surface one-foot distance from a light source to an intensity of one (1) footcandle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source or luminaire.
CUTOFFThe point at which all light rays emitted by a lamp, light source or luminaire are completely eliminated (cut off) at a specific angle above the ground.
CUTOFF ANGLEThe angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.
CUTOFF-TYPE LUMINAIREA luminaire with elements such as shields, reflectors or refractor panels which direct and cut off the light at a cutoff angle that is less than ninety degrees (90°).
FOOTCANDLEA unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle.
GLAREThe brightness of a light source, which causes eye discomfort.
LUMINAIREA complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.
MAXIMUM PERMITTED ILLUMINATIONSThe maximum illumination measured in footcandles at the interior setback yard line at ground level.
A parcel of land intended to be separately owned, rented,
developed or otherwise used as a unit. A lot is to conform to these
subdivision regulations as to the minimum permissible area and width.
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 of two (2) non-intersecting streets,
as distinguished from a corner lot.
The entire area within the boundary lines of the site, less
the area of any street right-of-way.
An area of land or water or combination thereof planned for
passive or active recreation but does not include areas utilized for
streets, alleys, driveways or private roads, off-street parking or
loading areas or required front, rear or side yards.
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 drawing of a permanent nature showing the precise location
and dimensions of such features as streets, lots, easements, utilities
and other elements pertinent to transfer of ownership and prepared
for permanent record.
A map made to show the design of a proposed subdivision and
the existing conditions in and around it; this map need not be based
on an accurate or detailed final survey of the property but will contain
topographical lines.
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 required minimum horizontal distance between the building
line and the related front, side or rear property line.
Any advertisement, announcement, direction or communication
produced in whole or in part by the construction, erection, affixing
or placing of a structure on any land or on any other structure or
produced by painting on or posting or placing any printed, lettered,
pictured, figured or colored material on any building, structure or
surface. Signs placed or erected by governmental agencies or non-profit
civic associations for a public purpose in the public interest shall
not be included herein, nor shall this include signs which are a part
of the architectural design of a building.
A public works document for the City of Duquesne.
A paved roadway that affords principal means of access to
abutting property. Streets can be classified based on their function
as follows:
HIGHWAYA 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. A roadway that is designated in the major street 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.
THOROUGHFAREA street or road of considerable continuity which serves or is intended to serve principal traffic flow below separated areas or districts and which is the main means of access to the residential street or roadway system.
STREET, COLLECTORA street which carriers or is proposed to carry intermediate volumes of traffic from minor streets to major streets and which may or may not be continued.
STREET, MINORA street of limited continuity used primarily for access to abutting properties, providing for minimum speeds and traffic volumes. This includes culs-de-sac.
A right-of-way which affords principal means of vehicular
access to property abutting thereon, which right-of-way is owned,
controlled and maintained by persons other than the public.
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.
The division of a parcel of land into two (2) or more lots
or other division of land; it includes resubdivision and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
A division of land into two (2) but not more than four (4)
lots, which does not include any new streets, improvements, 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, 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, easements
or rights-of-way. A minor subdivision lot is to conform to these subdivision
regulations as to the minimum permissible area and width.
United States Geological Survey Datum Plan.
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. 2004 § 420.060; Ord. No.
44 § 1, 3-14-2005]
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)(2).
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 right-of-way in the subdivision shall be extended
by the developer 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, the developer shall provide
such dead-end street with a temporary turnaround or "Y" intersection.
The street arrangements shall not be such as to cause hardship to
owners of 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 (1) 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, street-collector, street-minor or alleys (marginal access
service way) 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 to the standards of these regulations.
(2)
Streets shall have the following right-of-way widths:
|
Street Type and Purpose
|
Right-of-Way Minimum
(feet)
|
|---|---|
|
Highways
|
100
|
|
Thoroughfares
|
80
|
|
Collectors
|
50
|
|
Minor streets
|
50
|
|
Alleys
|
20
|
(3)
Subdivision 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.
(5)
Marginal Access Streets. Where the subdivision
abuts on or contains an existing proposed major street, the Commission
may require marginal access streets to be provided according to City
standards to avoid lot frontage on major streets.
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
intersections 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
(feet)
|
|---|---|
|
Highways, thoroughfares and parkways
|
350
|
|
Collectors
|
250
|
|
Minor and marginal access
|
100
|
f.
Street Grades And Elevations.
(2)
All curb and guttering shall be designed to provide
for surface water drainage from the surrounding area, buildings and
pavement and must comply with the requirements set forth in the Standard
Specifications for Public Improvements document for the City of Duquesne.
(3)
The Commission shall not approve streets which
will be subject to frequent or repeated inundation or flooding.
g.
Street Jogs. Street jogs with center line offsets of less than
one hundred (100) feet are prohibited.
h.
Culs-de-sac.
(1)
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 forty (40) feet and a diameter
at the outside of the right-of-way of at least one hundred (100) feet.
In the event the topography dictates excessive grades for side streets,
a cul-de-sac greater than six hundred (600) feet in length, such extension
shall require approval of the City Planning and Zoning Commission
based on the following criteria: low-density development such as residential,
topography and environmental factors as determined by the City Planning
and Zoning Commission.
(2)
All new non-connecting streets within the City
limits of the City of Duquesne, Missouri, shall end in culs-de-sac
unless an exception is requested by the developer in writing submitted
to the City Clerk. Developer's request shall be reviewed by the City
Clerk and presented to the Planning and Zoning Commission for its
review and recommendation to the Board of Aldermen for the Board's
final action.
i.
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 Board in accordance with this
Section.
j.
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 City Planning and Zoning Commission
and Board.
k.
Streets In Relation To Railroads, Expressways And Freeways.
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 by the developer 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.
l.
Design For Persons With Disabilities. Access ramps for disabled
persons shall be installed whenever new curbing or sidewalks are constructed
or reconstructed in the City of Duquesne. Such ramps shall conform
with the Americans with Disabilities Act (ADA)[1] standards subject to review and approval by the Director
of Public Works. These standards shall apply to any City street or
connecting street for which curbs and sidewalks have been prescribed
by the Board of Aldermen.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
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 City 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 that 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.
Pedestrianway. Pedestrianways 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 pedestrianway is required, a ten-foot right-of-way
shall be set aside with a four-foot pavement and at a grade no steeper
than fifteen percent (15%) unless steps of adequate design are provided.
3.
Lots.
a.
Frontage — Minimum Width.
[Ord. No. 323 § 2, 2-13-2017; Ord. No. 351§ 3, 1-8-2018]
(1)
The minimum width of an "R-1" lot shall be ninety (90) feet
at the front setback line, provided that where a preexisting lot has
less width than herein required and met preexisting width regulations,
this regulation shall not prohibit the erection of a single-family
dwelling.
(2)
The minimum width of an "R-2" lot shall be one hundred ten (110)
feet at the front setback line, provided that where a preexisting
lot has less width than herein required and met preexisting width
regulations, this regulation shall not prohibit the erection of a
two-family dwelling.
(3)
The minimum width of an "R-3" lot shall be one hundred twenty
(120) feet plus thirty (30) feet for each story over two (2) at the
front setback line, provided that where a preexisting lot has less
width than herein required and met preexisting width regulations,
this regulation shall not prohibit the erection of a multifamily dwelling.
b.
Rear Yard. There shall be a rear yard having a depth of not
less than twenty-five (25) feet, provided that for lots less than
one hundred (100) feet in depth and of record at the time of passage
of these regulations, the rear yard requirements shall be reduced
to twenty percent (20%) of the depth of such lot.
c.
Side Yard. Any building hereafter constructed shall provide
for a side yard on each side of the building measuring not less than
ten (10) feet. Buildings on corner lots shall provide a side yard
on the street side of not less than twenty-five (25) feet measured
from the side property line abutting the street right-of-way; provided,
this regulation shall not be so interpreted as to reduce the buildable
width of a corner lot in separate ownership at the time of the passage
this Chapter.
d.
Front Yard. Any building hereafter constructed shall provide
for a front yard, the minimum depth of which shall be at least twenty-five
(25) feet measured from the front property line abutting the street
right-of-way to the front line of the building and not less than fifteen
(15) feet to the front line of an open porch or paved terrace.
e.
Lot Area Per Family.
(1)
Every single-family dwelling hereafter erected,
moved or altered shall provide a lot area of not less than nine thousand
(9,000) square feet per family, provided that where a preexisting
lot has less area than herein required and met preexisting square
footage regulations, this regulation shall not prohibit the erection
of a single family dwelling. In determining the lot area, no part
thereof within the limits of the street right-of-way shall be included.
[Ord. No. 323 § 2, 2-13-2017]
(2)
Every two-family building shall provide a lot area
of not less than five thousand five hundred (5,500) square feet per
family. In determining the lot area, no part thereof within the limits
of the street right-of-way shall be included.[2]
[2]
Editor's Note: Original Subsection (A)(3)(e)(3) and (4), regarding lot area of accessory buildings, as added 3-9-2015 by Ord. No. 257, which immediately followed this Subsection, were repealed 10-9-2017 by Ord. No. 348.
(3)
Every multifamily dwelling hereafter erected, moved
or altered shall provide a lot area of not less than four thousand
(4,000) square feet per family with a minimum lot area of twelve thousand
(12,000) square feet, provided that where a preexisting "R-3" lot
has less area than herein required and met preexisting square footage
regulations, this regulation shall not prohibit the erection of a
multifamily dwelling. In determining the lot area, no part thereof
within the limits of the street right-of-way shall be included.
[Ord. No. 351 § 3, 1-8-2018]
f.
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.
g.
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)
Remnants of land, containing less area than herein
required and not designated and accepted for utility or public purposes,
shall not be permitted.
(3)
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 planning
of individual lots for each business establishment.
(4)
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.
h.
Utility And Drainage Easements.
(1)
Except where alleys are permitted or required,
there shall be easements of a minimum of twelve (12) feet in width
along rear or side lots for public utilities unless excepted by the
Board of Aldermen. If necessary for the extension of main water or
sewer lines or similar utilities, easements of greater width may be
required.
(2)
Stormwater easements and drainage rights-of-way
shall be required as deemed necessary. The subdivider shall provide
an 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.
i.
Water.
(1)
Fire hydrants, valves and other fittings will be furnished by the developer and set according to Section 420.080(A)(4).
(2)
Water lines will be installed in compliance with
the Standard Specifications for Public Works document. Water lines
shall be inspected by the City's Engineer prior to covering the lines.
j.
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 City Comprehensive
Plan shall be reserved and designated for such uses on the plat of
any subdivision in which such a parcel is located.
k.
Access. Each lot shall be provided with access to a public street
or highway to assure convenient ingress and egress to and from such
lot.
[R.O. 2004 § 420.070; Ord. No.
44 § 1, 3-14-2005]
A.
Planned Residential Developments. The Commission may recommend for
approval plans for a planned residential development, including residential
neighborhood units, clusters, condominiums and zero-lot-line developments,
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 or those individuals occupying the local
neighborhood. Final action on such development plan shall be taken
by the Board of Aldermen.
B.
Lot Split And Lot Adjustment. A lot split is sought to provide for
the issuance of building permits for a parcel of land to be divided
into not more than two (2) lots without having to replat said parcel,
provided that the resulting lots shall not again be divided without
replatting. A lot adjustment is sought to provide for the movement
of lot lines dividing not more than two (2) lots without having to
replat the two (2) lots. The City's Engineer and City Clerk may approve
or disapprove a lot split and/or a lot adjustment in accordance with
the following procedure and guidelines:
[Ord. No. 399, 5-13-2019]
1.
Application Procedure. Request for a lot split or lot adjustment
approval shall be made by the owner of the land to the City Clerk.
Four (4) copies of a scale drawing and legal description of the lots
involved; the location of any structures(s) thereon together with
their precise nature, location and dimensions; name, signature and
seal of registered land surveyor who prepared the lot split or lot
adjustment and an application fee of fifty dollars ($50.00) shall
accompany the application. If deemed necessary by the City's Engineer
or City Clerk, other supplementary information may be requested.
2.
Approval Guidelines. Approval of the lot split or lot adjustment
may be given based on all of the following criteria:
a.
No new street or alley is needed or proposed.
b.
No vacation of streets, alleys, setback lines, access control
or easements is required or proposed.
c.
Such action will not result in significant increases in service
requirements (e.g., utilities, schools, traffic control, streets,
etc.) or will not interfere with maintaining existing service levels
(e.g., additional curb cuts, repaving, etc.).
d.
There is sufficient street right-of-way as required by current
regulations.
e.
All easement requirements have been satisfied.
f.
Such split or lot line adjustment will not result in a tract
without direct access to a public street.
g.
No substandard-sized lot or parcel will be created.
h.
The lot has not been previously split or adjusted in accordance
with these regulations.
i.
No new non-conforming use will be created.
[Ord. No. 450, 10-12-2020]
3.
The City's Engineer or City Clerk shall review their proposed
action with the Commission at its regular scheduled meeting. Thirty
(30) days thereafter the City Clerk shall, in writing, advise the
applicant on the approval or non-approval of the lot split or lot
adjustment application. If the lot split or lot adjustment application
is not approved, the City's Engineer and City Clerk may make recommendations
to the owner that are deemed necessary to carry out the intent and
purpose of existing land development regulations and Board of Aldermen
policy. Requirements of the owner of the land may include dedication
of rights-of-way and easements and submission of covenants for the
protection of other landowners in the original subdivision. If additional
action is needed beyond their recommendations to carry out the development
of subject land, the lot split or lot adjustment application is declared
void and the subdivision platting process should be followed.
4.
No building permit shall be issued for any site which contains
a division of a platted lot of record, unless such division has been
ratified in the manner provided in these regulations.
C.
Minor Subdivision. A minor subdivision plat application is sought to divide land into not more than four (4) lots. All guidelines and procedures set forth under Subsection (B), Lot Split, above, also apply to a request for a minor subdivision plat application approval.
D.
Exceptions. Upon the recommendation of the City's Engineer and after
review and recommendation from the Planning and Zoning Commission
and the Mayor, the Board of Aldermen may grant an exception 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, exceptional topographic conditions or
other reason deemed sufficient by said Board of Aldermen. In granting
any exception or modification, said City's Engineer, Planning and
Zoning Commission and/or Mayor may recommend and the Board of Aldermen
may prescribe such conditions as will secure the objectives of these
regulations. No exception shall be granted unless said Board of Aldermen
find 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 exception is requested is situated and that the exception
will not substantially impair the intent and purpose of these regulations;
provided, however, there shall be an additional fee of one hundred
dollars ($100.00) imposed upon the applicant for any such exception
which requires the review and recommendation of the City's Engineer;
provided, further, that before any such exception is granted, duly
advertised public hearings thereon shall be held by the Commission
and Board of Aldermen.
E.
Lot Consolidations. The intent of this Subsection is to provide a
procedure by which a lot line may be eliminated and two (2) or more
lots consolidated into one (1) lot. The City Clerk may approve or
disapprove of a lot consolidation in accordance with the following
procedure:
[Ord. No. 255 § 1, 1-12-2015]
1.
Application Procedure. Requests for lot consolidations shall
be made by the owner of the land to the City Clerk. Four (4) copies
of a survey of the lots that depicts the location of the structure(s)
thereon, easements of record together with the precise nature, location
and dimensions of the proposed lot consolidation and an application
fee of fifty dollars ($50.00) shall accompany the application for
lot consolidation. If deemed necessary by the City's Engineer or City
Clerk, other supplementary information may be required.
2.
Approval Guidelines. A lot consolidation shall not be approved
if it creates any non-conformity or fails to comply with any ordinance
or regulation regarding utility service.
3.
The City's Engineer or City Clerk shall review the proposed
consolidation with the Commission at its regular scheduled meeting.
Thirty (30) days thereafter the City Clerk shall, in writing, advise
the applicant on the approval or non-approval of the lot consolidation
application. If the lot consolidation application is not approved,
the City's Engineer and City Clerk may make recommendations to the
owner that are deemed necessary to carry out the intent and purpose
of existing land development regulations and Board of Aldermen policy.
Requirements of the owner of the land may include dedication of rights-of-way
and easements and submission of covenants for the protection of other
landowners in the original subdivision. If additional action is needed
beyond their recommendations to carry out the development of subject
land, the lot consolidation application is declared void, and the
subdivision platting process should be followed.
4.
No building permit shall be issued for any site which contains
a consolidation of platted lots of record, unless such consolidation
has been ratified in the manner provided in these regulations.
F.
Engineering Costs. The City Clerk, with the approval of the Mayor, may engage the City's Engineer to review any application for a lot split, minor subdivision or lot consolidation. All engineering costs incurred by the City in the approval process shall be reimbursed to the City by the applicant, and if deemed necessary by the Mayor, the applicant may be required to deposit sufficient sums to pay such estimated costs prior to proceeding with the approval process. Should the Mayor not approve the City Clerk's request to engage the City's Engineer for this purpose, the Mayor shall assist the City Clerk determine whether the applicant has met the approval guidelines set forth in Subsection (B)(2) of this Section.
[Ord. No. 335 § 1, 8-14-2017]
[R.O. 2004 § 420.080; Ord. No.
44 § 1, 3-14-2005]
A.
The following improvements shall be required of the subdivider:
1.
Streets.
a.
The subdivider shall install streets according to specifications
set out in the current Standards Specifications for Public Improvements
document for the City of Duquesne.
b.
No grading or other construction shall take place within a street
right-of-way until the construction plans have been approved by the
Mayor and the City's Engineer.
c.
Street paving shall be located in the center of the right-of-way
and shall conform to Standard Specifications for Public Improvements
of the City. Compliance shall be confirmed by the Mayor and the City's
Engineer prior to release of surety by the Board of Aldermen.
|
Streets
|
Pavement Type and Thickness Bituminous
|
Portland Cement Concrete
|
|---|---|---|
|
Minor or marginal access
|
8 1/2 inches (6-inch base)
|
12 inches (4-inch base)
|
|
Collector
|
10 inches (6 -inch base)
|
12 inches (4-inch base)
|
|
Highway or thoroughfare
|
13 inches (6-inch base)
|
14 inches (6-inch base)
|
2.
Alleys. When alleys are required by these regulations, they
shall be constructed of chip and seal not less than seven (7) inches
thick (six-inch base) unless traffic loading requires additional construction.
Any alley construction requires the review and recommendation of the
City Planning and Zoning Commission to the Board of Aldermen.
3.
Stormwater Drainage System.
a.
The subdivider shall install culverts, storm sewer, rip-rap
slopes, stabilized ditches, stormwater detention facilities and other
improvements to adequately handle stormwater. The diameter of culverts
shall be approved by the Mayor and the City's Engineer. All culverts
shall be reinforced concrete or corrugated metal pipe. The subdivider
shall consider downstream water management as the drainage leaves
the subdivision property and supply a statement of consideration,
including a written testimony of the stormwater pattern until it reaches
an approved aquifer. All improvements shall also comply with the Building
Code adopted by the City, as well as State and Federal regulations,
and shall be approved in writing by the Mayor and the City's Engineer
prior to construction. Detention ponds, paved drainage ditches and
other items determined by the Commission and Board of Aldermen to
be a necessary requirement for development of the property shall be
installed at the developer's expense.
b.
The intent of the stormwater drainage system required as an
item on the preliminary and final plats is to prevent or alleviate,
to the greatest extent possible, water runoff problems within the
subdivision and downstream flooding problems resulting in property
damage or deterioration. It is the policy of the City to encourage
the developer to locate and design streets, blocks, lots and open
space in such a manner as to reduce the velocity of overland flow;
allow the maximum opportunity for infiltration of stormwater into
the ground; and to preserve existing streams, channels, detention
basins and floodplain areas as open space.
4.
Water Utilities. The subdivider shall be responsible for coordinating
water supply to provide all water connections within the subdivision
or development and supply all water supply lines, cross or connecting
lines between fire hydrants and fire hydrants as follows:
5.
Sewer. If a public sanitary sewer is used in a subdivision,
the sewer shall be designed and constructed to provide service to
each lot within the subdivision. The system of lateral sewers shall
collect the sewage within the subdivision and discharge it into an
approved sewer system.
6.
Sewer Easements. Sewer easements shall be free of obstructions
and shall be a minimum of twelve (12) feet in width to allow access
by City personnel for maintenance and cleaning.
7.
Easements. All public utility installations, including lines
for street-lighting systems which traverse privately owned property,
shall be protected by easements granted by the developer to the appropriate
public utility and approved by the public utility. Such easements
shall be so located as to not interfere with the use of any lot or
other part of the subdivision. The size of, and restrictions pertaining
to, such easements shall be in accordance with the standards and specifications
of the agency having jurisdiction over the utility lines in the subdivision
and shall be indicated on the preliminary plat submitted for approval.
8.
Street Signs. The subdivider shall install street signs at all
intersections within the subdivision. Such street signs shall follow
the street names designated on the approved final plat and shall comply
with the specifications of the City.
9.
Street Lighting. The subdivider shall provide for the installation
of streetlights at street intersections and/or at other locations
within the subdivision as the City deems necessary.
10.
Driveways. All driveways shall be concrete, asphaltic concrete
or brick and the entrance shall conform to the established grade of
the street. The curb section of driveways and aprons shall be designed
so that excessive break of angle and rear bumper and exhaust pipe
dragging will be eliminated. All driveways shall also conform to the
Standard Specifications for Public Improvements for the City of Duquesne.
11.
Grading. Grading of land within the one-hundred-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.
Sediment basins may be required by the Commission to remove sediment
from runoff waters from areas being developed.
12.
Monuments. Monuments shall be installed at key points throughout
the subdivision, and corner stakes shall be placed on individual lots.
These are to be permanent markers from which property lines can be
accurately surveyed.
[R.O. 2004 § 420.090; Ord. No.
44 § 1, 3-14-2005]
A.
Although not required improvements, if the subdivider installs any
of the following features, each is subject to review by the Commission
and requires Board approval:
1.
Decorative features (e.g., islands, statuary, planters, special
lights).
a.
Decorative features such as islands to be used for landscaping,
statuary or other decorative purposes may be constructed by the developer
in a dedicated reserve in the center of a cul-de-sac or other roadway
pavement section if approved by the Board. Decorative islands shall
not be approved if it is possible that their installation would in
any way impede traffic or create unsafe conditions, as directed by
the City's Engineer and the Mayor.
b.
If decorative features are approved, the developer shall, as
a condition of such approval, assign full responsibility for maintenance
of such features to the homeowners' association created by the developer
for the subdivision. Provisions of the homeowners' association Articles
of Agreement related to such maintenance shall be submitted, reviewed
and approved by the Board before approval of the final plat. If approved,
a certified copy of the Articles of Agreement shall be filed with
the City Clerk.
c.
If an approved decorative feature is not properly maintained
according to the Articles of Agreement related to such maintenance,
the City may remove the decorative feature at the expense of the property
owners of the subdivision.
2.
Green Space. The developer is encouraged to set aside platted
area for green space throughout the subdivision. If such space is
allocated, it shall be cleaned, landscaped, seeded, terraced to prevent
rapid runoff if a hillside and maintained prior to being dedicated
to the City. Said property must be approved by the City's Engineer
and the Mayor prior to dedication.
3.
Sidewalks. The City encourages the installation of sidewalks.
If the subdivider elects to install sidewalks, they shall conform
to the Standard Specifications for Public Improvements for the City
of Duquesne. Sidewalks shall be located in the platted street right-of-way
one (1) foot from the property line.
[R.O. 2004 § 420.095; Ord. No.
44 § 1, 3-14-2005]
A.
The proper installation of streets, curbs and gutters, sidewalks,
storm drainage facilities, pedestrian walkways, streetlights, right-of-way
and lot grading and other required improvements shall be guaranteed
by the subdivider or his/her agent by furnishing surety (guarantee)
in the form of performance and maintenance bonds.
B.
No improvements shall be constructed nor any work preliminary thereto
be done until such time as a final plat and the engineering drawings
accompanying it shall have been submitted, approved and accepted and
they shall have been in compliance with all of the requirements relating
to surety, bond and deposit.
1.
Procedures.
a.
The term "improvements," as used herein, shall include all streets,
roadways, sanitary sewers and sewerage facilities, storm drainage
(including detention) facilities and water distribution system, all
as required to serve the platted area. Additionally, the term "improvements,"
as used above, shall include that portion of any sidewalk that is
a part of the approved construction plan, which abuts or is to be
located across the front of any lot for which an occupancy permit
is requested.
b.
After approval of the construction plan by the City's Engineer,
Commission and the Board of Aldermen and after the approval of the
final plat by the City, but prior to the recording of the final plat,
the developer must either complete the improvements under the inspection
of the City's Engineer and the Mayor in accordance with the approved
plans; or, in lieu of the actual completed installation of said improvements,
must post a financial guarantee of performance as follows:
(1)
Improvement Performance Bond. In lieu of construction
of required improvements as set forth on the final plat, the developer
shall furnish an improvement performance bond to the favor of the
City of Duquesne at the time construction plans are submitted for
approval. The amount of the improvement performance bond shall be
for one hundred five percent (105%) of the cost for completing construction
of the required improvements, including cost escalation over the anticipated
construction period and contingencies as estimated by the developer's
engineer, verified by the City's Engineer and approved by the Mayor
and Board of Aldermen. The required improvement performance bond shall
remain in effect during construction and released upon the approval
of the City's Engineer, Mayor and Board.
(a)
Said bond shall be properly executed and delivered
to the City Clerk prior to any grading or construction.
(b)
Unless the required improvements have been installed
or guaranteed by an improvement performance bond for a lot or tract,
no building permits shall be issued for that lot or tract. The bond
shall be with a surety or title insurance company authorized to do
business in the State of Missouri.
(2)
Failure To Complete Construction Of An Improvement.
In the event the developer shall, in any case, fail to complete such
work within the period of time required by the conditions of the guarantee
for the completion of improvements under the jurisdiction of the City,
it shall be the responsibility of the Board of Aldermen to have such
work completed. In order to accomplish this, the Board of Aldermen
shall reimburse itself for the cost and expense by taking such steps
that might be necessary to require performance by the bonding or surety
company and as included in the written agreement between the Board
of Aldermen and the subdivider/developer.
(3)
Maintenance Bond. The developer must post a financial
guarantee in the form of a maintenance bond issued from a bonding
company licensed to do business in the State of Missouri in an amount
acceptable to the City and in favor of the City warranting all construction
improvements [streets, roadways, sanitary sewers and sewerage facilities,
storm drainage (including detention) facilities and water distribution
system] against failures due to improper construction or installation
or failure due to faulty workmanship for a period of two (2) years
from the date of acceptance of the completed improvement by the Board
of Aldermen.
(4)
Inspection. All improvements constructed or erected
shall be subject to inspection by the City or its designated representative
responsible for setting and enforcing the applicable design and construction
standards of the required improvements. The subdivider shall give
at least forty-eight (48) hours' written notification to the City
Clerk prior to the performance of any of the following work:
2.
Certification Of Liability Insurance. The subdivider shall present
proof of liability insurance to the City Clerk. A copy of said certification
will be placed in the subdivision file.
[R.O. 2004 § 420.100; Ord. No.
44 § 1, 3-14-2005]
A.
All plats of subdivisions within the corporate limits of the City
of Duquesne and as defined herein shall be submitted to the City Planning
and Zoning Commission for its review and recommendation to the Board
for the Board's official action. No plat or other subdivision of property
and no dedication or vacation of a public street or establishment
of a private street shall be filed with the County Recorder of Deeds
as provided by law until approval shall have been endorsed thereon
by the Chairman or Secretary of the City Planning and Zoning Commission,
the Mayor and Board of Aldermen under the hand of the City Clerk and
Seal of the City of Duquesne.
1.
Preapplication Process. This non-binding step in the subdivision
process is prior to the preparation of a preliminary plat and is designed
to exchange information between the subdivider and the City. The subdivider
shall consult with the City Clerk to determine:
a.
The procedure for submitting plats; guarantee requirements regarding
construction of improvements; filing fee schedule; and plat filing.
b.
Availability of municipal sanitary sewer service and other public
utilities.
(1)
Preliminary plans for providing water, sewer and
storm drainage shall be reviewed with the City Clerk, City's Engineer
and the City Planning and Zoning Commission prior to filing a preliminary
plat.
(2)
Where appropriate, the subdivider should consult
with the Missouri Department of Natural Resources for standards affecting
the land proposed to be subdivided.
c.
Comprehensive Plan requirements for improvements such as major
streets, land use, parks, schools and public open spaces; zoning requirements
for property in question and adjacent properties.
d.
Special setback requirements for primary thoroughfare, secondary
thoroughfare, collector and local streets.
2.
Preliminary Plat — Submission. After reaching the preliminary
conclusions regarding the requirements for the proposed subdivision,
the subdivider may submit a preliminary plat to the City Clerk, together
with any supplementary information necessary, as follows:
a.
Filing Fee. A filing fee of two hundred dollars ($200.00) plus
ten dollars ($10.00) for each lot in excess of twenty (20) shall accompany
the filing of each preliminary plat. The preliminary plat shall not
be accepted for filing until the filing fee therefor has been paid
by the subdivider at the time the preliminary plat is submitted to
the Planning and Zoning Commission and shall apply to approval of
the preliminary plat.
b.
Deposit. A deposit of two thousand dollars ($2,000.00) shall
accompany the filing of each preliminary plat to reimburse engineering
and related expenses incurred by the City which are necessary to the
City's administration of the preliminary and final plat submission.
Such costs may include, but are not limited to, engineering and other
associated fees incurred by the City in connection with the City's
review of site plans, stormwater control plans and other necessary
expenses reasonably incurred by the City; provided, however, such
deposit shall be increased on certification by the City Clerk that
the City has or will incur engineering or related expenses greater
than two thousand dollars ($2,000.00), to the extent necessary to
assure that the City is reimbursed for actual expenses incurred by
the City during the plat review process; provided, further, after
final action by the City in processing the preliminary and, if applicable,
the final plat, any deposited funds exceeding actual expenses shall
be refunded to the applicant.
[Ord. No. 252 § 1, 12-8-2014]
c.
Number Of Copies. The subdivider shall submit ten (10) copies
of the preliminary plat and a vicinity map (if not on the preliminary
plat) showing the location of the proposed subdivision. These plats
shall be filed with the City Clerk at least twenty-one (21) days prior
to a regular meeting of the City Planning and Zoning Commission at
which the preliminary plat is to be considered.
d.
The subdivider shall submit a certificate proving ownership
of the entire tract to be platted.
e.
The subdivider shall submit proof that the proposed plat has
been reviewed by all affected utility companies or agencies along
with any comments from these companies or agencies.
f.
A preliminary grading and drainage plan, including location
and size of all storm sewers, existing and proposed land elevations
and contours and necessary widths of all open drainageways shall be
submitted to the City Clerk. These plans are not intended to be detailed
suitable for construction.
g.
A copy of any deed restrictions proposed for the subdivision.
h.
The subdivider shall indicate on the plat the regulatory flood
elevation and shall assure that:
(1)
All such proposals are consistent with the need
to minimize flood damage;
(2)
All public utilities and facility improvements
such as sewer, gas, electrical and water systems are designed to be
located, elevated and constructed to minimize or eliminate flood damage;
and
(3)
Adequate drainage is planned so as to reduce exposure
to flood hazards.
3.
Preliminary Plat — Information Required. The preliminary
plat shall be drawn to a scale of one hundred (100) feet to the inch
or larger and shall contain the following information:
a.
The Proposed Name Of The Subdivision. The name shall not duplicate
or too closely resemble the name or names of an existing subdivision.
b.
The location of the boundary lines of the subdivision and reference
to the section or quarter-section lines.
c.
The names and addresses of the developer, owner and the engineer
or land surveyor who prepared the plat.
d.
Date of preparation and north point.
e.
Existing Conditions.
(1)
Location, width and name of platted streets or
other public ways, railroads and utility rights-of-way, parks and
other public open spaces and permanent building within or adjacent
to the proposed subdivision.
(2)
All existing sewers, water mains, gas mains, culverts
or other underground installations, within or adjacent to the proposed
subdivision, with pipe size and manholes, grades and location.
(3)
Names of adjacent subdivisions together with arrangement
of streets and lots and owners of adjacent parcels of unsubdivided
land.
(4)
Topography with contour intervals of not more than
two (2) feet, referred to NGVD; except that where the ground is too
flat for contours, spot elevations shall be provided.
(5)
Location of watercourses, bridges, wooded areas,
lakes, ravines and such other features as may be pertinent to the
subdivision, including regulatory flood elevation.
f.
The general arrangements of lots and their approximate size.
All lots shall be numbered consecutively from one (1) to the total
number of lots in the subdivision.
g.
Location and width of proposed streets, alleys and pedestrianways
and easements to accommodate drainage.
h.
The general plan of sewage disposal, water supply and all drainage.
i.
Location and size of proposed parks, playgrounds, churches,
school sites or other special uses of land to be considered for dedication
for public use.
j.
General layout of adjacent property within two hundred (200)
feet to show how streets and other public facilities in the proposed
subdivision relate to the adjacent property.
k.
Approximate grade and gradient of each proposed street and location
of proposed culverts and bridges.
4.
Preliminary Plat Action.
a.
The City Planning and Zoning Commission shall recommend to approve,
conditionally approve or disapprove the preliminary plat within sixty
(60) days of submission of the plat. Action by the City Planning and
Zoning Commission shall be conveyed to the subdivider in writing.
In case the plat is recommended to be disapproved by the City Planning
and Zoning Commission, the subdivider shall be notified of the reason
for such action and what requirement(s) shall be necessary to meet
the Commission's recommendation for approval to the Board of Aldermen.
The Board of Aldermen shall consider the City Planning and Zoning
Commission's recommendation and approve, conditionally approve or
disapprove the plat within sixty (60) days of the meeting of the City
Planning and Zoning Commission. The approval of the preliminary plat
does not constitute an acceptance of the subdivision but is deemed
to be an authorization to proceed with the preparation of the final
plat.
b.
Effective Date. The Board of Aldermen's approval of the preliminary
plat shall be effective for two (2) years.
5.
Final Plat — Submission. After approval of the preliminary
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 City Clerk by the subdivider at least ten (10) working days
prior to the date of the City Planning and Zoning Commission meeting,
at which said subdivision is to be reviewed. The filing fee of seventy
dollars ($70.00) shall accompany each plat when submitted to the Commission
for approval.
6.
Information Required On Final Plat. The final plat shall be
at a scale no less than one hundred (100) 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, utility and stormwater
drainage easements and other rights-of-way, all lot lines and building
lines with figures showing specific dimensions in the 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, restrictions and conditions affecting property platted.
The following certificates, which may be combined where appropriate:
(1)
The acknowledgment of a notary in the following
form:
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State of Missouri, County of Jasper, SS.
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Be it remembered that on this _____ day of ___________, _____,
before me, a notary public in and for said County and State, came
____________________ to me personally known to be the same person
who executed the foregoing instrument in writing and duly acknowledged
the execution of same. In testimony whereof, I have hereunto set my
hand and affixed my notary seal the day and year above written.
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(SEAL)
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Notary Public
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My Commission Expires: _______________
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(2)
The certificate of the City Planning and Zoning
Commission in the following form:
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This plat of ____________________ addition has been submitted
to and recommended for approval by the Duquesne City Planning and
Zoning Commission this _____ day of ___________, ______.
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Chairman
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Secretary
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(3)
The approval of the plat and acceptance of easements
and rights-of-way by the Board of Aldermen in the following form:
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This plat of __________________ addition, including easements
and rights-of-way accepted by the Board of Aldermen, has been submitted
to and approved by the Duquesne Board of Aldermen by Ordinance No.
_____________, duly passed and approved by the Mayor on the _____
day of __________, _____, Duquesne, Missouri.
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(SEAL)
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Mayor
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ATTEST:
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City Clerk
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City Engineer
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(4)
A blank space for noting entry on the transfer
record in the following form:
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Entered on transfer record this _____ day of __________, _____.
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Deputy County Recorder of Deeds
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STATE OF MISSOURI
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)
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COUNTY OF JASPER
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)
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I, _________________________, Recorder of Deeds of said County,
do hereby certify that the within instrument of writing was, on the
_____ day of __________, _____, at _________ o'clock and _______minutes
_______.M., duly filed for record in this office and is recorded in
the records of this office in Plat Book _____, at Page _____.
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I witness whereof, I have hereunto set may hand and seal this
_____day of __________, _____.
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Recorder of Deeds
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k.
Supplemental Information Required With Final Plat.
(1)
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.
(2)
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
City's Engineer.
(3)
The subdivider shall file with the final plat the
following:
(a)
Copies of approved plans and profiles of all subdivision
improvements such as streets, sewers, storm drains and structures,
including grading plans, if required.
(b)
The bond or escrow agreement in the form required
by this Section.
(c)
A copy of any indenture of restrictions as approved
by the Commission.
l.
Review Of Final Plat. The City's Engineer and City Clerk shall
check the final plat to determine the accuracy of computations and
other items designated thereon in order to advise the Commission as
to whether or not such drawings are consistent with the approved preliminary
plat and comply with their design standards. The City Engineer and
City Clerk shall forward to the Secretary of the Commission and the
Board a notice stating their opinion. In the event that it is the
City's Engineer's and City Clerk's opinion that the drawings do not
so conform or comply, the City Clerk shall notify the Secretary of
the City Planning and Zoning Commission the specific manner in which
such drawings do not so conform or comply.
m.
Final Plat Action.
(1)
At its first regular meeting [not less than ten
(10) days nor more than thirty (30) days] following submission of
the final plat and supplemental data, the Commission shall recommend
approval or disapproval of same to the Board of Aldermen, which action
shall be noted on the plat signed by the Secretary for the minutes
and furnished to the subdivider.
(2)
The recommendation for approval of the final plat
by the Commission shall not constitute acceptance of any portion thereof
designated for public use.
(3)
After the Board of Aldermen receives the City Planning
and Zoning Commission's recommendation for approval, the Board shall
either approve or disapprove and accept or reject the dedication of
land for public purposes within sixty (60) days after the first meeting
of the Board of Aldermen after the final plat was submitted to the
Board by the City Clerk.
(4)
The action of the Commission and the Board shall
be conveyed to the subdivider in writing by the City Clerk within
ten (10) days of the meeting of the Board at which the final plat
was considered. If the final plat is disapproved, the subdivider shall
be notified of the reasons for such disapproval by the City Clerk.
(5)
When the final plat has been approved by the Board
of Aldermen, a copy thereof shall be forwarded to the individuals
and agencies listed below:
n.
Construction Of Improvements. Construction improvements are
prohibited until the final plat has been approved by the Board of
Aldermen. Once the final plat is approved, improvements must be made
before recording of the final plat with the Recorder of Deeds. The
subdivider/developer shall be given three (3) options to make the
improvements as follows:
o.
Certification And Seal Of A Registered Professional Engineer.
Prior to the recording of the final plat with the Recorder of Deeds,
the final plat shall contain a certification and seal of a registered
professional engineer certifying that the engineer has inspected all
the improvements installed and that the material contained therein
meets the requirements contained in the plans and specifications approved
by the Board. The certification shall be in the following form:
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I, ____________________, a registered professional engineer,
certify that I have inspected all improvements installed and the material
contained therein for ____________________ addition and that they
comply with the requirements contained in the plans and specifications
approved by the Board of Aldermen.
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Date:
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R.P.E. No. _________________
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p.
Recordation. A permanent record copy of the plat and any indenture
of restrictions shall be filed with the County Recorder of Deeds by
the City Clerk. 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. 2004 § 420.110; Ord. No.
44 § 1, 3-14-2005]
If any Section, sentence, clause, phrase or portion of this
Chapter is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed as separate,
distinct and independent provision and such holding shall not affect
the validity of the remaining portions hereof.
[R.O. 2004 § 420.120; Ord. No.
44 § 1, 3-14-2005]
Any person violating the provision of these regulations shall
be guilty of an ordinance violation and upon conviction thereof shall
be fined and/or confined in accordance with the applicable Code of
the City of Duquesne.
