City of Greenwood, MO Subdivision Regulations

Location, width and name of each existing or platted street or other public way, railroad and utility right-of-way, parks and other public open spaces and permanent buildings within or adjacent to the proposed subdivision.

All existing sewers, water mains, gas mains, culverts or other underground installations within the proposed subdivision or immediately adjacent thereto, with pipe size, grades and locations shown.

Names of adjacent subdivisions and owners of adjacent parcels of unsubdivided land.

Topography (unless specifically waived) with contour intervals of not more than five (5) feet, refer elevation to U.S.G.S. or City datum; also the locations of watercourses, ravines, bridges, lakes, wooded areas, approximate acreage and such other existing features as may be pertinent to subdivision. In areas where grades are gentle, the City may require a lesser contour interval.

The location and character of all adjacent existing public utility lines, including sewers (storm and sanitary), water, gas and power lines. If a community sewage treatment plant or other type of community disposal system is to be installed or constructed to serve all or certain portions of the proposed subdivision, the general plan for such community type sewage treatment or disposal system shall be shown and so identified on the preliminary plat.

Layout, number and approximate dimensions of lots and the number or letter of each block.

(7)

Location and size of proposed parks, playgrounds, churches or school sites or other special uses of land to be considered for dedication to public use or to be reserved by deed or covenant for the use of all property owners in the subdivision and any conditions of such dedication or reservation.

(8)

Building setback lines with dimensions.

(9)

Indication of any lots on which use other than residential is proposed by the subdivider.

Supplementary Requirements.

Two (2) copies of preliminary plans and profiles of streets, sanitary and storm sewers may be required. The location of proposed culverts and bridges may also be shown.

Vicinity sketch, at a legible scale, to show the relation of the plat to its surroundings, shall be shown on the preliminary plat or accompany it. Utility connections too remote to be shown on the preliminary plat shall be shown on this sketch.

The date of the regular meeting of the Planning Commission, at which time a complete preliminary plat is reviewed, shall constitute the official submittal date of the plat. Approval or disapproval of the preliminary plat will be conveyed to the subdivider in writing within thirty (30) days after the meeting of the Planning Commission at which such plat was considered. In case the plat is disapproved, the subdivider shall be notified of the reasons for such action and what requirements will be necessary to meet the approval of the Commission. In addition, the ground of disapproval shall be made a matter of record. 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. This approval of the preliminary plat shall only be effective for a period of one (1) year, unless reasonable progress has been demonstrated. If no final plat or portion thereof is submitted for approval within this period, a preliminary plat must again be submitted to the Planning Commission for approval.

[Ord. No. 2017-2935 § 1, 10-24-2017]

Section 410.050 Submission And Approval Of Final Plat.

[Ord. No. 6.100 § V, 5-2-1984; Ord. No. 2001-04-03-03 § 1(d — f), 6-4-2001; Ord. No. 2002-01-17-04 § 1, 1-17-2002; Ord. No. 2005-10-24-01 § 1, 10-24-2005; Ord. No. 2009-02-23-01 § 15, 2-23-2009]

Application. Each subdivider of all subdivisions shall submit to the City the required number of prints of the proposed subdivision. A final plat shall have a scale of at least one (1) inch equals one hundred (100) feet.

Submission. After approval of the preliminary plat, the subdivider shall prepare and submit to the Director of Planning and Zoning a final plat for recording purposes, together with other supplementary information and certificates. Said final plat shall be submitted to the City Planning Commission at least fourteen (14) days prior to a regular meeting of the Commission.

[Ord. No. 2017-2935 § 1, 10-24-2017]

Fees, Filing And Inspection. The final plat submitted to the Director of Planning and Zoning shall be accompanied by a fee of one hundred fifty dollars ($150.00) plus five dollars ($5.00) per lot for plats of 1 to 10 lots, four dollars ($4.00) per lot for plats of 11 to 50 lots, three dollars ($3.00) per lot for plats of 51 to 150 lots, two dollars ($2.00) per lot for plats of 151 to 500 lots, and one dollar ($1.00) per lot for plats of greater than 500 lots. In addition, all fees and expenses incurred by the City for the services of the consulting engineer, land planner or other such third-party contractor advising the City in connection with the review of the final plat shall be reimbursed to the City by the applicant, subject to a fifteen-percent City administrative fee.

[Ord. No. 2017-2935 § 1, 10-24-2017[1]]

[1]

Editor's Note: This ordinance provided for the redesignation of former Subsections C through P as Subsections D through Q, respectively.

Required Improvements Or Guarantees Prior To Final Approval. Prior to approval of the final plat the subdivider shall agree in writing, in a form provided by the City Attorney, that he/she will install the minimum improvements provided herein and that he/she understands that no building permit will be issued by the City until the required improvements are available to each lot for which building permit is requested or until satisfactory surety in the form of a bond, cash or securities is furnished by the subdivider or his/her contractor guaranteeing the installation of the improvements to said lots. [Ord. No. 2017-2935 § 1, 10-24-2017]

No such surety shall be accepted unless it is enforceable by or payable to the City or its agent in a sum at least equal to the cost of constructing the improvements as estimated by the Director of Public Works and in a form with the surety and conditions approved by the City Attorney.

Action. Within sixty (60) days of filing of the complete information required for the approval of the final plat, the Director of Planning and Zoning shall make a recommendation indicating his/her approval or disapproval in writing to the Planning Commission stating his/her reason for approval or disapproval. The Planning Commission will thereafter consider the application. The date of the regular meeting of the Planning Commission, at which time a complete final plat is reviewed, shall constitute the official submittal date of the plat. If the Planning Commission disapproves the plat, the ground of disapproval shall be made a matter of record. [Ord. No. 2017-2935 § 1, 10-24-2017]

Following consideration by the Planning Commission, the Director of Planning and Zoning shall submit the final plat to the Board of Aldermen for their action. The Board of Aldermen may alter any submitted final plat, may specify changes or modifications therein, which it deems necessary, and may make its approval subject to such alterations.

The City Clerk or developer will immediately record the approved plat. The developer shall be responsible for any and all fees charged in connection with recording the approved plat.

[Ord. No. 2017-2935 § 1, 10-24-2017]

Prints. Ten (10) copies of such final plat shall be furnished as follows:

Four (4) prints on mylar which shall bear the original signatures of the owner or owners and be duly acknowledged, and

Six (6) prints on paper.

Form. The final plat prepared for recording purposes shall be drawn at a scale of no less than one (1) inch equals one hundred (100) feet. The size of the sheets on which such final plats are submitted shall be at least sixteen and one-fourth (16 1/4) inches by nineteen (19) inches and shall not exceed twenty-three (23) inches by thirty-six (36) inches. Each sheet shall have a one and one-fourth (1 1/4) inch binding edge along the twenty-three-inch dimension and a one-fourth (1/4) inch border along all other sides. Where the proposed plat is of unusual size, the final plat shall be submitted on two (2) or more sheets of the same dimensions. If more than two (2) sheets are required, an index sheet of the same dimensions shall be filed showing the entire development at a smaller scale.

Information. The final plat shall show and contain the following information:

Name of subdivision (not to duplicate or too closely approximate the name of any existing subdivision).

Location by section, township, range, County and State and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close and shall be tied into the State Grid System when available from the City. The allowable error of closure on any portion of a final plat shall be third order accuracy or better. All calculations shall be furnished showing bearings and distances of all boundary lines and lot lines.

Locations of boundary shall be shown in reference to existing official monuments or the nearest established street lines, including true angles and distances to such reference points or monuments.

Location of lots, streets, public highways, alleys, parks and other features with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves and with all other information necessary to produce the plat on the ground. Dimensions shall be shown from all angle points and points of curb to lot lines.

Lots shall be numbered clearly. If blocks are to be numbered or lettered, these should be shown clearly in the center of the block.

The exact locations, widths and names of all streets to be dedicated.

Location and width of all easements to be dedicated.

Boundary lines and description of boundary lines of any areas other than streets and alleys that are to be dedicated or reserved for public use.

Building setback lines on front and side streets with dimensions.

10.

Name and address of developer and surveyor making the plat.

11.

Scale of plat (the scale to be shown graphically and in feet per inch), date and north point.

12.

Statement dedicating all easements.

13.

Statement dedicating all streets, alleys and other public areas not previously dedicated.

Certifications Required On Final Plats. The final plat shall contain:

"Certificate by parties holding title" means a certificate signed and acknowledged by all parties having any title interest, including underground mineral rights and lien holdings, in the land subdivided, consenting to the preparation and recordation of the plat as submitted. The four (4) mylar copies shall carry the original signatures of the owner or owners and notary public.

Certification by registered surveyor or that details of the plat are correct.

Space for certificates of approval to be filled in by the signatures of designated City Officials.

Supplementary Documents And Information To Accompany The Final Plat. Supplementary documents and information to accompany the final plat shall consist of:

Two (2) three (3) line profile prints of streets to be dedicated, indicating the grades thereon.

Tax certificates from both the City and County shall be submitted, stating that all taxes and encumbrances have been satisfied of record on the land to be dedicated as streets or alleys or for other public purposes.

Two (2) copies of any private restrictions affecting the subdivision or any part thereof for future reference by the City.

Sewers (storm and sanitary). Plan and profiles of all proposed storm and sanitary sewers will be required. Calculations for storm and sanitary sewers, based on minimum design criteria, shall be required.

All construction plans shall be on standard twenty-two (22) by thirty-six (36) plan and profile sheets.

Two (2) additional copies of the sanitary sewer plan and evidence that all pertinent Federal, State and/or local permits have been applied for shall be furnished by the developer.

For all residential subdivisions and commercial developments, except those exempted per this Section, a traffic impact study (TIS) shall be prepared using the criteria contained in this Section. The traffic study shall be completed by a qualified third party, approved by the City. The cost of the traffic study shall be the responsibility of the developer. Where a development is to be phased in over a period of time, every effort shall be made to properly account for the same in the TIS. However, the determination as to the adequacy of traffic operations shall only be binding for those phases submitted for preliminary approval.

Trip Generation.

The latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual will be used as the primary source of trip generation factors for all land uses. Trip generation rates for many uses not cited in the ITE Manual may be estimated by using other available sources of information, with approval from the Director of Planning and Zoning. All traffic studies will consider A.M. and P.M. peak hour trip generation.

[Ord. No. 2017-2935 § 1, 10-24-2017]

When the peak hour of the development occurs at a time different from the adjacent street, site generated traffic volumes will be computed separately for both the design hourly volume (DHV) of the generator and for the adjacent street.

For informational purposes, a computation of average daily traffic generation should also be made and included in the applicant (applicant's consultant) report.

Trip generation rates for residential land use, obtained from the ITE Trip Generation Manual.

For commercial retail development only, the applicant (applicant's consultant) may make reasonable assumptions regarding pass-by trips. Pass-by trip percentages may be selected after consultation with the Director of Planning and Zoning in accordance with Chapter VII of the ITE, Trip Generation Manual. Pass-by trip percentages shall not be used to reduce parking or other on-site requirements or to determine the threshold level for performing a full traffic impact study.

[Ord. No. 2017-2935 § 1, 10-24-2017]

The ability to use public transit or transportation modes other than vehicular traffic shall not be considered when performing traffic studies, unless approved by the Director of Planning and Zoning.

[Ord. No. 2017-2935 § 1, 10-24-2017]

Trip Distribution. Site generated traffic volumes shall be assigned to the street network within the impact area by the applicant (applicant's consultant) using the distribution factors in accordance with ITE standards and approved by the Director of Planning and Zoning. The developer/consultant shall conduct traffic studies necessary to justify trip distribution factors prior to submission of the TIS.

[Ord. No. 2017-2935 § 1, 10-24-2017]

Capacity Analysis For Street Links.

Two (2) lane street links shall be determined to have adequate capacity if the existing plus proposed traffic does not exceed eighty-five percent (85%) of the rated capacity. Rated capacity shall be calculated using acceptable methods described in Transportation Research Board (TRB) Special Report No. 209, Highway Capacity Manual. Typical threshold traffic DHV for two (2) lane streets shall not exceed those in Table C as a function of the lane width:

Table C — Typical Design Hourly Volume, Two-Lane Streets Two-Way Traffic Volumes
Lane Width	DHV, Urban
9 feet	919
10 feet	1,045
11 feet	1,142
12 feet	1,225

Table C was generated using specific street elements considered typical for the City of Greenwood. The applicant (applicant's consultant) may (at her/his option) provide supplemental computations to justify the threshold DHV based on site-specific conditions.

Multi-lane highways shall be analyzed using the methods of Chapter 7 of the TRB Special Report No. 209, Highway Capacity Manual. The minimum acceptable operational level of use (LOS) for multi-lane highways and urban arterials shall be LOS C within the City.

Capacity Analysis For Intersections.

Traffic operations at intersections shall be analyzed for LOS using the methods outlined herein. The minimum LOS acceptable for intersections is LOS C. Should a proposed development impact an intersection and cause the operational condition to fall below the minimum acceptable LOS, improvements shall return the operational LOS to the minimum acceptable LOS.

If an intersection under evaluation is operating below the minimum LOS prior to approval of the development, the intersection shall be improved to the minimum acceptable LOS. If the intersection is not improved to the minimum acceptable LOS, the Director of Planning and Zoning shall not recommend plan approval until such time as the inadequacies are corrected or arrangements to do same are made and agreed to by the City.

[Ord. No. 2017-2935 § 1, 10-24-2017]

The City will not accept turning movement counts more than twelve (12) months out-of-date or where development has occurred after the last count.

Exemptions. These exemptions apply only to this Section and shall not be cumulative.

This Section does not apply to those residential subdivisions which generate four (4) or less peak hour trips or commercial and industrial developments which generate fifteen (15) or less peak hour trips provided the street network serving the development is a minimum of twenty (20) feet wide.

For those residential subdivisions which generate twenty-five (25) or less but more than four (4) peak hour trips or commercial and industrial developments which generate twenty-five (25) or less but more than fifteen (15) peak hour trips, sight distance shall not apply except as required by the Missouri Department of Transportation for Highway 150. All other applicable Subsections of this Section shall apply.

[Ord. No. 2017-2935 § 1, 10-24-2017]

For those residential subdivisions that generate more than twenty-five (25) peak hour trips, all applicable Subsections of this Section shall apply.

These exemptions shall be applied to the original tract of land. The cumulate traffic generation shall not exceed those values specified herein.

Approval By The Board Of Aldermen. If accepted by the Board of Aldermen, the final plat shall be approved by ordinance, which ordinance shall provide for the acceptance of all streets, alleys, easements or other public ways and parks or other open spaces dedicated to public purposes. [Ord. No. 2017-2935 § 1, 10-24-2017]

Upon approval by the Board, by ordinance duly passed and approved by the Mayor, such approval shall be endorsed on three (3) mylar copies of the plat under the hand of the City Clerk and the Seal of the City. Four (4) additional prints shall be furnished for distribution by the Director of Planning and Zoning.

Section 410.060 Minimum Design Standards.

[Ord. No. 6.100 § VI, 5-2-1984; Ord. No. 6.100B § 1, 11-6-1989; Ord. No. 2001-04-03-2003 § 1(g - h), 6-4-2001]

Blocks.

Block Length. In general, intersecting streets, determining block lengths, shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets or customary subdivision practices in the neighborhood where no existing plats control, the blocks in residential districts shall not exceed two thousand (2,000) feet in length. Pedestrian ways and/or easements through the block may be required to serve nearby public facilities.

Block Width. The width of the block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth.

Streets And Alleys.

Arrangement of major streets in the subdivision shall conform as nearly as possible to the Master Plan as adopted by the City of Greenwood, and provisions shall be made for the extension of major and secondary thoroughfares. Except for courts and cul-de-sacs, streets normally shall connect with streets in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts.

Minor streets should be so planned as to discourage their use by non-local traffic, and provisions shall be made for adequate traffic circulation. "Places", courts or cul-de-sacs will be permitted where topography or other conditions justify their use. Cul-de-sacs shall normally not be longer than five hundred (500) feet, including a turnaround which shall be provided at the closed end, with an outside curb radius of at least forty (40) feet and a right of way radius of not less than fifty (50) feet.

Where the plat to be submitted included only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider.

Where a tract is subdivided into larger than normal building lots or parcels, such lots or parcels, shall be so arranged as to permit the continuous location and opening of future streets and appropriate re-subdivision, with provision for adequate utility connections for such resubdivision.

Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. The minimum angle of intersection of streets generally shall be sixty degrees (60°).

Streets entering the opposite side of a street shall either be directly across from each other or offset by at least one-hundred (100) feet from centerline to centerline.

Wherever the proposed subdivision contains or is adjacent to a railroad right of way or the right of way of a limited access freeway, expressway or major thoroughfare, provision shall be made for a marginal access street approximately parallel and adjacent to the boundary of such rights of way, or for a street at a distance suitable for the appropriate use of land between such street and the right of way. Such distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separations, or for lot depths.

Except where justified by special conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Alleys, where provided, shall not be less than twenty (20) feet wide. Intersecting alleys shall have corner cutoffs of at least twenty (20) feet on a side. Dead-end alleys shall be avoided wherever possible, but if unavoidable, such dead-end alleys may be approved if adequate turnaround facilities are provided at the closed end.

Half streets will not be approved, except in the public interest.

10.

The minimum right of way widths for streets, alleys or pedestrian ways included in any subdivision shall not be less than the minimum dimensions for each classification as follows and shall be in accordance with the Master Plan for streets:

[Ord. No. 2017-2935 § 1, 10-24-2017]

Major Streets		Minor Streets
Primary - dual roadway	100 feet	Multiple dwelling use	60 feet
Primary - single roadway	80 feet	One-family dwelling use	50 feet
Secondary -	60 feet
Cul-de-sacs	50 feet Radius	Frontage or Service Road
		2-Way	50 feet*
		1-Way	40 feet*
Alleys	20 feet	Pedestrians Ways	6 feet

Where required right of way exceeds fifty (50) feet, a five-foot easement along all front of abutting property may be counted towards the required width if the setback line is moved back accordingly.

Where existing or anticipated traffic on primary and secondary thoroughfares warrants greater widths of rights of way, these shall be required.

A drainage easement, in addition to the provided right of way width, may be required where streets parallel streams or drainage area. The width of such drainage easements shall be determined by the City Engineer. Said City Engineer shall notify the developer and the Planning Commission, in writing of his/her determination.

*Subject to utility and sidewalk requirements.

11.

Minimum pavement widths for all streets, measured from the back to back of curb, and for all alleys and walks included in any subdivision shall not be less than the minimum dimension for each classifications as follows and in accordance with the Master Plan for streets:

[Ord. No. 2017-2935 § 1, 10-24-2017]

Major Streets		Minor Streets	28 feet
Primary	52 feet	Cul-de-sacs	40 feet Radius
Secondary	44 feet
Frontage of Service Roads	Alleys	20 feet
2-way	28 feet	Sidewalks	4 feet
1-way	20 feet

12.

Street Grades. The grades in all streets, alleys, and pedestrian ways or pedestrian ways included in any subdivision shall not be greater than the maximum grades for each classification as follows, except where topographical conditions unquestionably justify a departure from this maximum:

Major Streets
	Primary	5%
	Secondary	7%
Minor Streets		10%
Cul-de-sacs		10%
Alleys		10%
Pedestrian Ways		12%
Minimum Grade shall be 0.5%

*Note: Intersection Grades will be individually reviewed.

13.

Street Alignment. The horizontal and vertical alignment on all streets, except in unusual cases, shall be as follows:

Horizontal - radii of centerline
Major Streets
	Primary	500 feet minimum
	Secondary	300 feet minimum
Minor Streets		100 feet minimum

There shall be a tangent between all reserved curves of a length in relation to the radii of the curves so as to provide for a smooth flow of traffic.

Vertical -		All changes in street grade shall be connected by vertical curves of such length as to provide for the minimum sight distances required. The minimum sight distances required are as follows:
Major Streets
	Primary	500 feet
	Secondary	300 feet
	Minor Streets	100 feet

14.

Curb Radii. Where two (2) minor streets intersect at approximately right angles, so that the smallest angle of intersection is not less than eighty degrees (80), the curb at each block corner shall be rounded with a radius of fifteen (15) feet. At all other intersections or where minor streets intersect at an angle of less than eighty degrees (80°), or where a minor street intersects with a major or secondary thoroughfare, or where two (2) or more secondary or major thoroughfares meet, cross or otherwise intersect in any combination the curb radii at such intersections shall be subject to the approval of the City Engineer.

15.

Sidewalks. Where density is 2.5 to 4.0 houses per gross acre, sidewalks shall be on one (1) side - where density is over 4.0, sidewalks shall be on both sides - no sidewalks required on cul-de-sacs which serve one-family dwellings, or where density is less than 2.5.

[Ord. No. 2017-2935 § 1, 10-24-2017]

16.

Sight Distance. No fence, wall, entrance, marker, sign, hedge, shrub planting or tree foliage which obstruct sight lines and elevations between two (2) feet and eight (8) feet above roadways shall be located on any corner lot within the triangular area formed by the right of way lines and a line connecting them at points twenty-five (25) feet from their point of intersection.

Lots.

The minimum lot requirement shall be seventy (70) feet at the building line with a total square footage of not less than seven thousand eight hundred (7,800) square feet.

Where septic tanks or other individual sewage disposal system are to be installed they shall be subject to approval of the Health Department, or other authorized City Official, and based upon the Missouri State Board of Health requirements.

Corner lots for residential use shall have additional width to permit appropriate building setback from both streets.

Side lines of lots shall be approximately at right angles to street lines or radial to curbed street lines.

Double frontage lots should be avoided on minor streets.

Every lot shall abut on a street with adequate width for private drives.

Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the Zoning Regulations set out in Chapter 400. On those lots which are intended for business use, the setback shall be at least that required by the Zoning Regulations, unless special plans for the location of buildings and parking area are approved by the Board of Aldermen at the time of approval of the plat.

[Ord. No. 2017-2935 § 1, 10-24-2017]

Easements.

An easement for utilities, at least five (5) feet wide, shall be provided along each side of a side line of lots and/or the rear line of lots where necessary to form a continuous right of way, at least ten (10) feet in width. If necessary for the extension of main water and sewer lines or similar utilities, easements of greater width may be required along lot lines or across lots.

Utility easements shall connect with easements established in adjoining properties.

Additional easements for pole guys should be provided at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along the side lot lines.

Drainage Easements For Storm Sewers May Be Required. Easements for open channel drainage may be required where the cost for the installation of storm sewers is considered to be prohibitive. These easements may be along the side lot lines, but usually the design should be such that the drainage will be carried along the rear of the lots. If open channel drainage is to be carried in the street right of way, additional right of way width shall be provided. When the drainage is carried down to the rear lot lines, the easement shall be of adequate width for workmen (with trucks if need be) to enter the easement and keep it cleaned out. The size and location of such easements for open channel drainage shall be determined by the City Engineer.

Dedications For Public Sites And Open Spaces.

All areas proposed to be reserved for or dedicated to public use, including streets and alleys proposed for dedication to public use and maintenance under Section 410.120 of the Land Subdivisions Regulations, shall be so indicated on the Preliminary Plat. Proposed dedications shall be in conformity with the City Master Plan. Acceptance by the City of any such areas proposed to be dedicated to public use shall be by ordinance.

Upon Final Plat approval therefor, no street or alley, whether or not proposed to be reserved for or dedicated to public use, nor any easement or other public site or area shall be thereafter changed except as approved by the Board of Aldermen by ordinance, following recommendation by the City Planning Commission and the City Engineer.

[Ord. No. 2017-2935 § 1, 10-24-2017]

Section 410.070 Required Minimum Improvements.

[Ord. No. 6.100 § VII, 5-2-1984; Ord. No. 6.100B § 2, 11-6-1989; Ord. No. 6. 100C § 2(G,3), 9-10-1990; Ord. No. 2001-04-03-03 § 1(i), 6-4-2001]

Permanent Markers And Monuments. Permanent markers shall be placed at points of curvature and points of tangency on street lines, and at each angle point of the boundary of the subdivision. In situations where conditions prohibit the placing of markers in the locations prescribed above, offset markets will be permitted.

Permanent monuments shall be placed at all quarter-section points within the subdivision or on its perimeter.

Streets. The type of pavement shall be as determined by the City ordinance.

Sanitary Sewers. A sanitary sewer system shall be constructed by the subdivider in accordance with requirements of the American Public Works Association, Kansas City Chapter.

[Ord. No. 2017-2935 § 1, 10-24-2017]

When public sanitary sewers are not feasible, the subdivider shall construct a sewage collection system to the same standards of a public sewer. A community disposal system or individual septic systems shall be connected to the collection system subject to public health requirements.

Storm Sewers. Where storm drainage system is reasonably accessible, the subdivider shall connect with such storm drainage system and shall do all grading and provide all drainage structures that are necessary to properly carry the water to locations which are acceptable to the City Engineer.

All storm drainage calculations shall be made in accordance with the minimum design criteria of the City.

Abutting Streets. Abutting streets shall be improved in accordance with the Master Plan and the full width shall be constructed as approved by the Board of Aldermen.

Sanitary Sewering Adjacent Property. Sewers shall be extended to the boundary line to serve adjacent property except where adjacent property can be served by future sewer extension through dedicated right of way.

[Ord. No. 2017-2935 § 1, 10-24-2017]

Floor Area.

One-family dwellings floor area of the main structure of any residence of the property, exclusive of porches, garages, and finished or unfinished basement areas, shall not be less than one thousand fifty (1,050) square feet.

[Ord. No. 2017-2935 § 1, 10-24-2017]

No split level or split foyer with garage under (side to side) shall have less than one thousand fifty (1,050) square feet on the two (2) main levels.

Any one and one-half (1 1/2) story residence shall have a minimum of one thousand two hundred (1,200) square feet, with not less than nine hundred fifty (950) square feet on the ground floor.

Any two (2) story residence shall have at least one thousand two hundred (1,200) square feet with not less than nine hundred fifty (950) square feet being on the first floor.

Basement Foundation. There shall be no exposed basement foundations in excess of forty-eight (48) inches, and all exterior basement foundations and walls which are exposed in excess of eighteen (18) inches shall be painted the same color as the house, or covered with siding compatible with the structure.

Section 410.080 Required Improvement — Water.

[Ord. No. 6.100 § VIII, 5-2-1984; Ord. No. 2004-12-13-2002 § 1, 12-13-2004; Ord. No. 2009-02-23-2001 § 16, 2-23-2009]

Water supply shall be available or provided in sufficient quantity for domestic needs from a public water source. Sufficient water supply shall also be available or provided to meet the fire protection water flow rate and volume requirements concurrent with the latest edition of the Uniform Fire Code. For the purposes of this minimum infrastructure requirement in a residential development, the water supply for fire protection purposes shall be from a continuous and dependable source of water and at least one thousand (1,000) gallons per minute to all subdivision fire hydrants located no less than three hundred (300) feet from all buildings. Water flow for fire protection in districts other than residential shall comply with the latest edition of the Uniform Fire Code.

Prior to submitting a preliminary plat, the subdivider shall obtain written verification from the water supply district serving the area of the proposed subdivision which assures the City that the property to be subdivided will be served by the water supply district via existing water mains or after water mains which meet the standards and specifications of the water supply district have been installed. Such water supply district verification shall estimate the level of excess service capacity that is currently available, estimate the distance to existing water mains and estimate the available water flow in gallons per minute and pressure in pounds per square inch.

Concurrent with submittal of a final plat, the subdivider shall provide engineering drawings of the subdivision water distribution system to the City. The City will provide a coordinated review with the water district, Fire Department and other utilities as it relates to the location of fire hydrants and use of the public rights-of-way. Any review fees imposed by the water district will be passed to developers as provided in Code Section 110.100, City Engineer. Final plats will not be considered for approval until the water district has approved engineering drawings of all water line main extensions.

[Ord. No. 2017-2935 § 1, 10-24-2017]

Section 410.090 Performance And Maintenance Guarantee.

[Ord. No. 6.100 § IX, 5-2-1984; Ord. No. 99-03-01-03 § 1, 4-5-1999; Ord. No. 2001-04-03-03 § 1 (j - o), 6-4-2001]

Form Of Required Guarantees. Performance and maintenance guarantees as provided in this Section 410.090 shall be required from all subdividers who must construct any improvement subject to the Land Subdivision Regulations, whether or not such improvement is to be offered for dedication to and acceptance by the City. The performance and maintenance guarantees may be submitted by either the subdivider or the contractor for the subdivider (the "applicant"), provided however, that the subdivider shall be responsible for ensuring that the performance guarantees and the maintenance guarantees are submitted and are in a form acceptable to the City and consistent with this Section 410.090. The applicant may supply the guarantees in any of the following forms:

Surety Bonds. Surety bonds shall be submitted on forms supplied by the City Engineer and approved by the City Attorney as to form, sufficiency, and manner of execution. The surety and conditions shall be as approved by the Commission and the City Attorney; provided that any surety shall be authorized to do business in the State of Missouri and shall be rated at least "A" by the A.M. Best Company or equivalent rating agency.

Letters Of Credit. Letters of credit shall be submitted on forms supplied by the City Engineer and approved by the City Attorney as to form, sufficiency, and manner of execution. The letter of credit shall be drawn upon a bank insured by the Federal Deposit Insurance Corporation (FDIC) and approved by the City. In addition all conditions of the letters of credit shall be approved by the City and the City Attorney.

Cash Deposits. The applicant may establish a cash deposit or escrow account in the name of the City in a financial institution approved by the City. Any such account shall be governed by the terms of an agreement approved by the City Attorney and executed by the applicant and the Board.

Performance Guarantee.

At the time of Final Plat approval, the subdivider shall post with the City a performance guarantee in an amount sufficient to ensure the satisfactory performance and completion of the required improvements in accordance with the approved Final Plat and the approved specifications and plats for the improvements. The performance guarantee shall be in an amount equal to one hundred percent (100%) of the estimated cost of construction of the improvements. The amount of the guarantee shall be reviewed by the City Engineer and approved by the Board of Aldermen. The performance guarantee shall be secured for a period of time to be specified and approved by the Board, but in no case to exceed a three-year period; provided that the performance guarantee shall additionally include provisions for two (2) extensions of one (1) year each to be exercised at the request of the Planning Commission or the Board in the event the required improvements have not been completed in the original time period.

[Ord. No. 2017-2935 § 1, 10-24-2017]

If the required improvements have not been installed within the terms of the performance guarantee, the City may thereupon declare said guarantee in default and require that all the improvements be installed regardless of the extent of the building development at the time the guarantee is declared to be in default. In the alternative, if no building development has taken place at the time the City declares the guarantee to be in default, the City may instead order the vacation of the plat in accordance with the procedures set forth in Article VII of these regulations.

Maintenance Guarantee. Upon completion of the required improvements in accordance with Subsection (E) of this Section 410.090, the developer or the contractor for the developer (the "applicant") shall provide a maintenance bond or cash deposit guaranteeing the maintenance of all such improvements for the periods set forth below:

Grading — One (1) year;

Curbs, gutters, streets and alleys — two (2) years; and

Storm sewers, sanitary sewers and other similar required improvements. — three (3) years. All such periods shall run from the date of completion of the applicable improvement. The maintenance guarantee shall be in an amount equal to twenty-five percent (25%) of the actual construction costs of the required improvements.

Maintenance guarantees provided hereunder shall be retained and used by the City to guarantee maintenance of the required improvements. Deposited or bonded amounts shall be subject to the immediate order of the City Engineer to defray or reimburse any cost to the City of maintenance or repair of improvements which the applicant fails or refuses to perform; provided that the City Engineer, except in emergency circumstances, shall provide the applicant with a written notice and opportunity to perform the maintenance before having the maintenance performed by the City. Where the maintenance guarantee is drawn upon by the City during the maintenance obligation period, the City Engineer shall have further authority to require that the applicant replenish maintenance guarantee amounts to those minimum amounts required by this Subsection (C).

Notwithstanding anything in this Subsection (C) to the contrary, wherever dedication of any improvement to public use and maintenance is required by the State of Missouri, the County of Jackson, a political subdivision other than the City, or a private entity, the subdivider shall follow the procedures and requirements established by the State, County, the political subdivision or the private entity as applicable for maintenance guarantee requirements; provided that the subdivider shall comply in all other aspects with the requirements of the Land Subdivision Regulations.

Combined Guarantees. The applicant may submit a combined guarantee which will satisfy all of the requirements of the performance guarantee and maintenance guarantee requirements as set forth above.

Release Of Performance Guarantees. The performance guarantees required under Subsection (B) of this Section 410.090 shall be partially released within thirty (30) days of the completion of the improvement or utility category to which such guarantee or portion of such guarantee applies. For each such partial release, the City shall retain five percent (5%) of the applicable performance guarantee amount, which retainage shall be released within thirty (30) days of the completion of all required improvements and utility work. Any such category of improvement or utility work shall be deemed to be completed: (i) upon written certification by the City Engineer that the required improvement or utility has been satisfactorily completed; and (ii) upon satisfaction by the subdivider of the following conditions:

The subdivider's engineer or surveyor has certified to the City that all improvements for which release or partial release of performance guarantees is being requested have been constructed and installed in accordance with the approved specifications and construction plans therefor and with the approved Final Plat. Prior to such release, the subdivider's engineer or surveyor has additionally provided to the City one (1) set of detailed "as-built" drawings in reproducible form for the applicable improvements indicating location, dimension, construction materials, and such other information as may be requested by the City Engineer.

In the case of all improvements or utilities (other than streets and alleys to be dedicated to public use and maintenance pursuant to Section 410.120 hereof) that are to be dedicated to the City in accordance with the Land Subdivisions Regulations, the subdivider shall provide a title insurance policy in favor of the City and satisfactory to the City Attorney indicating that such improvements have been completed free and clear of all liens and that the improvements and all easements and rights-of-way required for such improvements are ready for dedication to and acceptance by the City.

In the event a developer who has posted an escrow, or letter of credit, or bond with the City transfers title of the subdivision property prior to full release of the escrow, letter of credit, or bond, the City shall accept a replacement escrow, letter of credit, or bond from the successor developer in the amount of the escrow, letter of credit, or bond held by the City at the time of the property transfer, and upon receipt of the replacement escrow, letter of credit, or bond the City shall release the original escrow, letter of credit, or bond in full and release the prior developer from all further obligations with respect to the subdivision improvements if the successor developer assumes all of the outstanding obligations of the previous developer.

[Ord. No. 2017-2935 § 1, 10-24-2017]

Final Inspection And Termination Of Maintenance Obligation. Within ninety (90) days of the expiration of the applicable maintenance guarantee period as established under Subsection (C) of this Section 410.090, the City Engineer shall cause a final inspection to be made and, if no defects or deficiencies in the improvements are found, the applicable portion of the maintenance guarantee amount shall be released; provided that portions of maintenance guarantee amounts attributable to an improvement that has been accepted for public maintenance by a governmental entity other than the City or has been accepted by a utility responsible for the maintenance of such improvement may be released upon such acceptance by such governmental entity or utility. If the inspection reveals defects or deficiencies in the improvements, the City Engineer shall specify in writing the defects or deficiencies together with the work necessary to remedy such defects or deficiencies and shall order that the applicant initiate the remedial work within seven (7) days from the applicant's receipt of the order. In the event that the applicant fails to initiate the remedial work within the seven-day notice period or, having initiated the work, to diligently prosecute the remedial work to conclusion, the City Engineer may draw upon and utilize the maintenance guarantee amounts to defray or reimburse any cost to the City of undertaking the remedial work.

Section 410.100 Standards And Specifications.

[Ord. No. 6.100 § X, 5-2-1984]

All improvements required under the provisions of the Land Subdivision Regulations shall be constructed in accordance with the design standards and plan requirements of the Land Subdivision Regulations, the standards and specifications of the City and where applicable the requirements and authorization of the appropriate State agency or utility company.

Section 410.110 Inspection.

[Ord. No. 6.100 § XI, 5-2-1984; Ord. No. 94-03-2001 § 410.110, 3-7-1994]

All improvements constructed or erected shall be subject to inspection by a certified, registered engineer. The subdivider may contract with a third-party engineering firm or with the City Engineer for these inspections. The cost attributable to all inspections required by this regulation shall be charged to and paid by the subdivider.

Upon inspection, if any of the required improvements have not been completed in accordance with the City's construction standards and specifications, the subdivider shall be responsible for completing said improvements.

[Ord. No. 2017-2935 § 1, 10-24-2017]

Building permits shall not be issued until an affidavit, signed and sealed by the registered engineer, has been delivered to the City stating all the required improvements have been built in accordance with the approved plans, standards and specifications.

Upon completion of all improvements within the area covered by the final plat, the subdivider shall notify the inspecting engineer who shall thereupon conduct a final inspection of all improvements installed. If such final inspection indicates that there are any defects or deficiencies in any such improvements as installed, or if there are any deviations in such improvements as installed from the final engineering plans and specifications, he shall notify the subdivider in writing of such defects, deficiencies, or deviations and the subdivider shall, at his sole expense, correct such defects or deviations. When such defects, deficiencies or deviations have been corrected, the subdivider shall notify the engineer that the improvements are again ready for inspection.

If a final inspection indicates that all improvements as installed contain no defects, deficiencies, or deviations, the inspecting engineer shall certify to the City Engineer that all improvements have been installed in reasonable conformity with the engineering plans and specifications accompanying the plat.

Upon completion of the work, or any phases thereof, the developer shall furnish permanent reproducible "as built" drawings of the work to the City Engineer.

Section 410.115 Inspection And Installation Of Subdivision Improvements.

[Ord. No. 94-03-01, 3-7-1994; Ord. No. 2001-04-03-03 § 1(p), 6-4-2001; Ord. No. 2005-03-14-10 § 1, 3-14-2005]

Sanitary Sewer.

Part-time spot checks.

Alignment and grade.

Bedding and backfill.

Manhole placement.

Full-Time Inspection.

Structural backfill around manholes.

Invert placement.

Air testing of lines.

Manhole Testing. Testing procedure for new manholes: For new manholes all lift holes shall be plugged with an approved non-shrink grout prior to testing. All pipes entering the manhole shall be plugged at least eight (8) inches into the sewer pipe. The plug shall be inflated at a location beyond the manhole/pipe. The plug and pipe shall be braced securely to prevent either item from being drawn into the manhole.

The vacuum test apparatus shall be placed inside or on top of the casting and the seal inflated according to manufacturer's directions as appropriate. A vacuum of ten (10) inches of mercury shall be drawn and then the vacuum pump shall be shut off. With valves closed and hoses removed, the time shall be measured for the vacuum to drop to nine (9) inches of mercury. The manhole shall be acceptable if the time for the vacuum to drop from ten (10) inches to nine (9) inches is as follows:

Manhole Depth	Time (minutes)
0 feet or less	2.0
10.1 to 15 feet	2.5
15.1 to 25 feet	3.0
25.1 or greater	3.5

If the manhole fails the initial test, necessary repairs shall be made with a water reactive elastomeric chemical grout, such as 3M Scotch Seal Chemical Grout 5600 or a water reactive polymer solution, such as Avanti AV-202. Resealing and retesting shall be performed until the manhole passes the test.

Final Inspection.

Lamping and/or mandrel pull.

Settlement.

General visual inspection.

Storm Sewer.

Part-Time Spot Checks.

Alignment and grade.

Bedding and backfill.

Inlet placement.

Check flow line of pipe.

Full-Time Inspection.

Structural backfill around inlets.

Invert placement.

Grouting lids.

Final Inspection.

Review of inlet construction.

Check for settlement.

Lamp line.

General visual inspection.

Streets.

Part-Time Inspection. Rough-in on subgrade preparation.

Full-Time Inspection.

Density testing of the subgrade.

Density of the top six (6) inches must be ninety-five percent (95%) of Proctor Compaction.

Density below the top six (6) inches must be ninety percent (90%) of Proctor Compaction.

Moisture must be within a tolerance of plus two percent (2%) and minus three percent (3%) of the optimum moisture.

Tested with Nuclear Density gauge every two hundred (200) feet at random locations in the pavement area.

Non-yielding subgrade (Visual of wheel rolling).

Subgrade check every fifty (50) feet with string for proper template cut.

Pavement structure.

Base course.

Surface course.

String line between lifts for tolerance.

Final Inspection. General visual inspection.

Stipulations.

All final inspections must be performed with a representative of the City of Greenwood present.

All inspection will be logged on a City of Greenwood daily inspection form (master copy provided by the City).

On Monday of each week, a copy of all inspection forms from the previous week will be given to the City Engineer.

On or about the fifth of each month, a copy of the City of Greenwood monthly progress report form will be given to the City Engineer (master copy provided by the City).

The daily on monthly inspection forms must be signed by a licensed professional engineer.

Final inspection (for all improvements) by the City of Greenwood.

City Inspection. The contractor may request the outlined inspection services be provided by the City. When the City agrees to provide these services, the contractor/developer will be billed the City's direct costs on a monthly basis. City participation is determined on a case by case basis.

Water Mains. [As approved by PWSD #12]

Part-Time Spot Checks.

Alignment and grade.

Bedding and backfill.

Hydrant and valve installation (steamer towards street).

Full-Time Inspection.

Saddle block and thrust block installation.

Hydrostatic testing.

Blow-off of lines.

Taps (main).

Chlorination.

Final Inspection.

Check for settlement.

General visual inspection.

Curbing.

Part-Time Inspection.

Subgrade rough-in.

Curb subgrade.

Curb and gutter construction.

Vertical/horizontal alignment.

Positive drainage (check for ponding).

Transitions of contraction and expansion joints.

Wheelchair ramps.

Temperature and time of concrete (check tickets for time from batch to delivery).

EROSION AND SEDIMENT CONTROL PLAN

Curing.

(7)

Broom with flow to face.

Final Inspection. General visual inspection.

Section 410.120 Dedication Of Streets And Public Improvements.

[Ord. No. 6.100 § XII, 5-2-1984; Ord. No. 2001-04-03-03 § 1(q), 6-4-2001; Ord. No. 2002-12-09-06 § 1, 12-9-2002; Ord. No. 2004-09-29-02 § 1, 9-29-2004; Ord. No. 2006-03-13-04 § 1, 3-13-2006]

For all applications for Preliminary Plat approval filed after the effective date of this Section 410.120, at the election of the subdivider streets and alleys may be established as private ways or may be dedicated to the City of Greenwood upon payment of an Acceptance Fee, all as hereinafter provided. The subdivider shall make such election in writing on forms provided by the City at the time of filing for approval of the Final Plat. Other public improvements may be dedicated to and accepted by the City under the conditions established in this Section 410.120. The City shall have no responsibility with respect to any street or other public improvement, notwithstanding any use of same by the public, unless and until the street or other public improvement shall have been accepted by the City in accordance with this Section 410.120 and the Land Subdivision Regulations.

In the event the subdivider elects to establish streets and alleys as private ways, adequate provision shall be made in deed restrictions to accompany the submission of the Final Plat for any subdivision approved under the Land Subdivision Regulations to dedicate or convey streets and alleys to a subdivision board of trustees and to make proper provision for such board of trustees to have authority to levy assessments on properties and property owners within such subdivision for the supervision, maintenance, construction and reconstruction of streets and alleys and associated improvements. Such deed restrictions shall be as approved by the City Attorney and shall contain a conveyance to the City of Greenwood of an easement adequate in the determination of the City Engineer for supervision, maintenance, repair and reconstruction of sewers located within the right of way of such streets and alleys.

In the event the subdivider elects to dedicate streets and alleys (including curbs and gutters) to the City of Greenwood, the subdivider shall complete a written application for street dedication and acceptance which, together with the initial amount of the Acceptance Fee as determined below, shall accompany the submission of the Final Plat for any subdivision approved under the Land Subdivision Regulations. The total amount of the Acceptance Fee shall be sufficient, in the City's determination, to provide funds sufficient for ongoing annual regular public maintenance in accordance with City standards of the street(s) or alley(s) accepted.

Administrative Computation Of Acceptance Fee. Upon receipt of an application for street dedication and acceptance, the City Engineer shall administratively determine the Acceptance Fee for all streets or alleys to be accepted for public maintenance based upon the following criteria:

Area of paved surface to be accepted;

Unit cost for maintenance by street category;

Estimated duration of street life cycle;

all in accordance with standards set forth on Exhibit A, attached to this Ord. No. 2002-12-09-06 which is amended by Ord. No. 2004-09-29-02, which same follows this subparagraph. The City Engineer shall annually review and update the standards and methodologies set forth in this Exhibit A to be applied to the determination of the Acceptance Fee and shall report same in writing annually to the Board of Aldermen.

Exhibit a to Section 410.120(C)(1) Street Dedication Acceptance Fee Schedule
Acceptance Fee Amounts Shown are Per Linear Foot of Street to be Dedicated for Public Use and Maintenance
Street Class*	Pavement Width**	Dedication Fee
Major arterial + +	96 feet	$180.84
Minor arterial	60 feet	$131.67
Collector	38 feet	$82.41
Residential collector	28 feet	$69.63
Local	24 feet	$58.17

*	The street class and cross section is based on the City Street Master Plan.
**	Roadway pavement width used to calculate the street dedication acceptance fee, width excludes curb but includes one-half (1/2) of island widths on all arterial streets, this method accounts for intersection and turn lane costs not included in calculation.
++	MO 150 Highway only — fee exempt if contributing reconstruction of MO 150 per MODot report dated 6-11-2003. Reconstruction costs are six hundred ninety-three dollars ($693.00) per linear foot or three hundred forty-six dollars and fifty cents ($346.50) per linear foot of street frontage.
The fee assumes City maintenance of the streets as follows: two-inch mill and overlay, one-half (1/2) curb replacement, one-fourth (1/4) sidewalk replacement after ten (10) years.

Administrative Computation of Acceptance Fee
Unit costs based on 2004 public bid prices
Constants:
	W = width of cross section = 1.0 feet
	T = thickness of asphalt overlay = 2 inches + 12 inches = 0.17 feet
	Y = unit weight of asphalt = 148 pound per cubic foot = 0.074 tons per cubic foot
	U_asphalt = unit cost of asphalt for mill and overlay = $8.00 per square yard = $72.00 per ton
	U_curb = unit cost of curb replacement = $15.00 per linear foot
	U_sidewalk = unit cost of sidewalk replacement = $4.50 per square foot
	i = inflation = 3.5%
Variables:
	A = current cost of 2-inch mill and overlay per linear foot of street
	C = current cost of replacing 1/2 of curb per linear foot of street
	E = current cost of replacing 1/4 of sidewalk (four-inch thick) per linear foot of street
	L_A = width of asphalt in typical street cross section
	L_s = total width of sidewalk in typical street cross section
	n = number of curbs in typical cross section (including islands)
	Fee = City acceptance fee per linear foot of street
Calculation method:
	A = L_A x W x T x y x U_asphalt
	C = (n ÷ 2) x U_curb
	E = (L_s x W) x U_sidewalk ÷ 4
	Fee = (A + C + E) x (1 + i)¹⁰
Sample calculation:
Based on City standard local street
(Twenty-eight (28( feet wide from back of curb to back of curb with four (4) feet wide sidewalk on 1 side)
	A = 24 ft. x 1 ft. x 0.17 ft. x 0.074 tons/ft³ x $72.00/ton = $21.73
	C = (2 ÷ 2) x $15.00/ft. = $15.00
	E = (4 ft. x 1 ft.) x $4.50/ft² ÷ 4 = $4.50
	F₁₀ = ($5.28 + $7.50) x (1 + (3.5 ÷ 100))¹⁰ = $18.03
	Fee = ($21.73 + $15.00 + $4.50) x (1 + (3.5 ÷ 100))¹⁰ = $58.17

Independent Fee Calculation Study. If the subdivider disagrees with the Acceptance Fee as determined by the City Engineer, the subdivider may prepare and submit for review an independent fee calculation study in accordance with this paragraph (2). The subdivider shall inform the City Engineer of the subdivider's intent to submit an independent fee calculation study in sufficient time to permit the City Engineer to review with the subdivider or the independent engineer the procedures and methodology to be employed and the standards to be met. The independent fee calculation shall be prepared by qualified engineering professionals, be consistent with the best professional practices, and provide all necessary calculations and supporting documentation. Upon submittal, the City Engineer shall review the independent fee calculation study for sufficiency of methodology, technical accuracy, and findings and shall notify the subdivider within forty-five (45) days of the acceptance or rejection of the independent fee calculation study and, if applicable, shall modify the Acceptance Fee. The determination of the City Engineer shall be conclusive. Where the City Engineer determines that an independent fee calculation study requires professional engineering review, the subdivider shall additionally deposit with the City an amount determined by the City as sufficient to pay the reasonable fees of the reviewing professional engineer in the form of a certified check made payable to the City which shall be deposited with the City Collector. All amounts not required to pay for such review by the reviewing professional engineer shall be returned to the subdivider.

Each Acceptance Fee shall be payable in three (3) equal installments. The first such installment shall be paid by the subdivider to the City prior to the time of Final Plat approval. The second and the final installments shall be paid by the subdivider on the first and second anniversaries, respectively, of Final Plat approval. Within thirty (30) days of the effective date of this Section 410.120, the City Collector shall establish the "City of Greenwood Dedication Acceptance Fee Trust Fund" and each such Acceptance Fee installment received shall be deposited in a segregated interest-bearing account within such fund, with amounts so deposited together with all accrued interest from such deposits, credited to and dedicated and used solely for the maintenance and repair from time to time of the streets and alleys within the approved subdivision to which the Acceptance Fee pertains. In the event a subdivider fails to pay or to make provision to pay timely the full amount of the Acceptance Fee, any installment amounts previously deposited together with interest accrued shall be retained by the City.

Within thirty (30) days of the date of payment by the subdivider of the final installment of the applicable Acceptance Fee and upon provision by the subdivider of a title insurance policy in favor of the City and satisfactory to the City Attorney indicating that the streets and alleys offered for dedication and all easements and rights-of-way required for such improvements are ready for dedication to and acceptance by the City, the City shall accept the streets which have been offered for dedication for public use and maintenance.

All other public improvements (excepting those streets which the subdivider has elected to establish as private ways, in accordance with this Section 410.120) shall be accepted by the City within thirty (30) days after the subdivider has offered such public improvements for dedication to the City; provided that the public improvements have been constructed in accordance with the requirements of the Land Subdivision Regulations and the City's specifications for such improvements and have been so approved in writing by the City Engineer; and provided further that the subdivider has furnished proof satisfactory to the City Attorney that the streets and public improvements to be accepted by the City are free to all liens and debts.

Notwithstanding anything in this Section 410.120 to the contrary, wherever dedication of any street or alley to public use and maintenance is required by the State of Missouri or by the County of Jackson or Cass, the subdivider shall follow the procedures and requirements established by the State or the County, as applicable, for the dedication of such street or alley; provided that the subdivider shall comply in all other aspects with the requirements of the Land Subdivision Regulations.

[Ord. No. 2017-2935 § 1, 10-24-2017]

The City Engineer in consultation with the City Attorney shall have the authority to adopt and promulgate such rules and regulations as may be necessary to interpret and administer the provisions of this Section 410.120 and to secure the intent thereof.

Fee For Tornado Warning Sirens.

Payment of a fifteen dollars ($15.00) per acre fee to the City of Greenwood shall be required of the following persons for the purchase, placement or maintenance of outdoor warning sirens:

All subdividers of land of an amount equal to or greater than five (5) acres.

All developers of newly developed or redeveloped commercial, industrial, retail and residential properties (excluding all "R-1" and "R-2" uses) not included in this item.

The deposit shall be made at the time of final plat approval for subdivisions or the issuance of building permit(s) for non-subdivided developments. Within thirty (30) days of the effective date of this Subsection (H), the City Collector shall establish the "City of Greenwood Outdoor Warning Siren Fee Trust Fund" and each deposit received shall be deposited in a segregated interest-bearing account within such fund, with amounts so deposited together with all accrued interest from such deposits, credited to and dedicated and used solely for the purpose of purchasing, placing and maintaining outdoor warning sirens within and adjacent to the City limits of Greenwood, Missouri.

Section 410.130 Pre-Application Plans And Data.

[Ord. No. 6.100 § XIII, 5-2-1984; Ord. No. 2017-2935 § 1, 10-24-2017]

Prior to the filing of an application for approval of a preliminary plat, the subdivider should submit to the Director of Planning and Zoning plans and data showing his/her ideas and intentions in the platting of the proposed subdivision.

He/she should outline and describe the existing conditions of the site and the proposed development to supplement the drawings and sketches required in Subsection (2) and Subsection (3) below.

A general location map should be prepared and submitted and shall show the proposed subdivision and its relationship to existing community facilities. Such location map shall show the location and name of the subdivision existing main traffic arteries, public transportation lines, schools, parks and playgrounds.

A sketch plan drawn to scale should be prepared and submitted showing the proposed layout of street, lots and other features in relation to existing utilities and other conditions. This plan may be submitted in the form of a pencil sketch.

Within fifteen (15) days of the submission of the preapplication plan, the subdivider should be informed by the Director of Planning and Zoning whether such plans and the data submitted meet the objectives of these regulations. If the Director of Planning and Zoning finds the plans and data do not meet the objectives of these regulations, he/she shall express the reasons therefor.

[Ord. No. 2017-2935 § 1, 10-24-2017]

Section 410.140 Hardship.

[Ord. No. 6.100 § XIV, 5-2-1984]

If any mandatory provisions of this Chapter are shown by the subdivider to be unreasonable and cause undue hardship as they apply to his/her proposed subdivision, the Board of Aldermen, may grant a variance to such subdivider from such mandatory provisions, so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of nullifying the intent and purpose of this Chapter.

In granting variances and modifications, the Board of Aldermen may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.

Section 410.150 Violation And Penalty.

[Ord. No. 6.100 § XVI, 5-2-1984]

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 Planning Commission and recorded in the office of the appropriate County Recorder unless the owner or agent shall disclose in writing that such plat has not been approved by the Board of Aldermen or Planning Commission and the sale is contingent upon the approval of such plat by such Board of Aldermen or Planning Commission. Any person violating the provisions of this Section shall forfeit and pay to the municipality a penalty not to exceed three hundred dollars ($300) 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 in the process of selling or transferring shall not exempt the transaction form 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.

[Ord. No. 2017-2935 § 1, 10-24-2017]

Any person who violates any of the provisions of this Chapter or neglects or refuses to comply therewith, shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00), or by imprisonment for a period of not more than ninety (90) days or by both fine and imprisonment.

Section 410.160 Community Unit Developments.

[Ord. No. 6.100 § XVII, 5-2-1984]

Planned community unit developments are to be reviewed on their individual merits upon specific application of a developer. Any conflicting regulations herein may be waived to carry out intent of Plan.

Section 410.170 Jurisdiction.

[Ord. No. 6.100 § 2, 5-2-1984]

The provisions of this Chapter shall apply within the City limits of the City of Greenwood as they now exist or as they may be adjusted in the future.

Section 410.180 Erosion And Sediment Control Regulations.

[Ord. No. 99-03-01-02 § 1, 4-5-1999; Ord. No. 2001-04-03-03 § 1(r - s), 6-4-2001; Ord. No. 2002-01-17-01 § 1, 1-17-2002]

General Provisions.

Purpose. The purpose of this Section is to control soil erosion on land that is undergoing development for non-agricultural uses and prevent sediment and soil erosion from being transported onto adjacent property and into streams, rivers, lakes, ponds or other areas. The provisions in this Section are intended to do the following:

Preserve the natural terrain and waterways.

Provide a natural community environment.

Prevent soil erosion.

Reduce costly repairs to gullies, washed out fills, water conveyance systems, roads and embankments.

Scope Of Authority. Any person, firm, corporation or business proposing to develop land within Greenwood shall apply to the City Engineer for approval of required erosion control plans and issuance of a grading permit as specified in these regulations.

Implementation. Erosion and sediment control methods as approved shall be implemented at the beginning of a project before any grading begins unless waived for good cause by the City Engineer.

Definitions. For the purposes of this Section, the following definitions shall apply:

ACCELERATED EROSION

Erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind or chemical action.

APPLICANT

A property owner or agent of a property owner who has filed an application for a storm water management permit.

BUILDING

Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal or property and occupying more than one hundred (100) square feet of area.

CHANNEL

A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

DEDICATION

The deliberate appropriation of property by its owner for general public use.

DETENTION

The temporary storage of storm runoff in a storm water management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants.

DETENTION FACILITY

A detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.

DEVELOPER

A person who undertakes land disturbance activities.

DRAINAGE EASEMENT

A legal right granted by a landowner to a grantee allowing the use of private land for storm water management purposes.

A plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.

FEE IN LIEU

A payment of money in place of meeting all or part of the storm water performance standards required by this Section.

HOTSPOT

An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in storm water.

HYDROLOGIC SOIL GROUP (HSG)

A Natural Resource Conservation Service classification system in which soils are categorized into four (4) runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff.

IMPERVIOUS COVER

Those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc).

INDUSTRIAL STORM WATER PERMIT

A National Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries that regulates the pollutant levels associated with industrial storm water discharges or specifies on-site pollution control strategies.

INFILTRATION

The process of percolating storm water into the subsoil.

INFILTRATION FACILITY

Any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade.

JURISDICTIONAL WETLAND

An area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

LAND DISTURBANCE ACTIVITY

Any activity that changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or manmade watercourse.

LANDOWNER

The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

MAINTENANCE AGREEMENT

A legally recorded document that acts as a property deed restriction and which provides for long-term maintenance of storm water management practices.

NON-POINT SOURCE POLLUTION

Pollution from any source other than from any discernible, confined and discrete conveyances and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

OFF-SITE FACILITY

A storm water management measure located outside the subject property boundary described in the permit application for land development activity.

OFFSET FEE

A monetary compensation paid to the City for failure to meet pollutant load reduction targets.

ON-SITE FACILITY

A storm water management measure located within the subject property boundary described in the permit application for land development activity.

RECHARGE

The replenishment of underground water reserves.

REDEVELOPMENT

Any construction, alteration or improvement exceeding square feet in areas where existing land use is high density commercial, industrial, institutional or multi-family residential.

STOP WORK ORDER

An order issued which requires that all construction activity on a site be stopped.

STORM WATER MANAGEMENT

The use of structural or non-structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat.

STORM WATER RETROFIT

A storm water management practice designed for an existing development site that previously had either no storm water management practice in place or a practice inadequate to meet the storm water management requirements of the site.

STORM WATER RUNOFF

Flow on the surface of the ground, resulting from precipitation.

STORM WATER TREATMENT PRACTICES (STP)

Measures, either structural or non-structural, that are determined to be the most effective, practical means of preventing or reducing point source or non-point source pollution inputs to storm water runoff and water bodies.

WATER QUALITY VOLUME (WQV)

The storage needed to capture and treat ninety percent (90%) of the average annual storm water runoff volume. Numerically (WQV) will vary as a function of long-term rainfall statistical data.

WATERCOURSE

A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

Regulations.

Required Erosion And Sedimentation Control Plan Content. In addition to the requirements of the City of Greenwood criteria.

No application for development will be approved unless it includes a plan detailing in concept how runoff and associated water quality impacts resulting from the development will be controlled or managed. This plan must be prepared by an individual approved by the City and must indicate whether storm water will be managed on-site or off-site and, if on-site, the general location and type of practices. The plan(s) shall be referred for comment to all other interested agencies, and any comments must be addressed in a final plan. This final plan must be signed by a licensed professional engineer (PE), who will verify that the design of all storm water management practices meet the submittal requirements outlined in code. No building, grading, or sediment control permit shall be issued until a satisfactory final storm water management plan, or a waiver thereof, shall have undergone a review and been approved by the City after determining that the plan or waiver is consistent with the requirements of this Section. The plans shall also include the following information.

Contact Information. The name, address and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the property or properties affected.

Topographic Base Map. A one (1) inch equals two hundred (200) feet topographic base map of the site which extends a minimum of fifty (50) feet beyond the limits of the proposed development and indicates existing surface water drainage including streams, ponds, culverts, ditches, and wetlands; current land use including all existing structures; locations of utilities, roads and easements; and significant natural and manmade features not otherwise shown. The one-hundred-year flood line must also be shown on this map.

Calculations. Hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in this Section. Such calculations shall include.

(a)

Description of the design storm frequency, intensity and duration,

(b)

Time of concentration,

(c)

Soil curve numbers or runoff coefficients,

(d)

Peak runoff rates and total runoff volumes for each watershed area,

(e)

Infiltration rates, where applicable,

(f)

Culvert capacities,

(g)

Flow velocities,

(h)

Data on the increase in rate and volume of runoff for the design storms referenced in the Storm Water Design Manual, and

(i)

Documentation of sources for all computation methods and field test results.

Soils Information. If a storm water management control measure depends on the hydrologic properties of soils (e.g., infiltration basins), then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soil types present at the location of the control measure.

Maintenance And Repair Plan. The design and planning of all storm water management facilities shall include detailed maintenance and repair procedures to ensure their continued function. These plans will identify the parts or components of a storm water management facility that need to be maintained and the equipment and skills or training necessary. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan.

Landscaping Plan. The applicant must present a detailed plan for management of vegetation at the site after construction is finished, including who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. This plan must be prepared by a registered landscape architect or by the soil conservation district.

(7)

Maintenance Easements. The applicant must ensure access to all storm water treatment practices at the site for the purpose of inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements will be recorded with the plan and will remain in effect even with transfer of title to the property.

(8)

Maintenance Agreement. The applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by an on-site storm water management measure in accordance with the specifications of this Section.

(9)

Erosion And Sediment Control Plans For Construction Of Storm Water Management Measures. The applicant must prepare an erosion and sediment control plan for all construction activities related to implementing any on-site storm water management practices.

(10)

Other Environmental Permits. The applicant shall assure that all other applicable environmental permits have been acquired for the site prior to approval of the final storm water design plan.

The proposed phasing of development of the site, including clearing, rough grading, and construction, and final grading and landscaping. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of clearing, installation of temporary sediment control measures, installation of storm drainage, paving streets and parking areas, and establishment of temporary and permanent vegetative cover.

The City Engineer may waive specific requirements for the content of submissions upon finding that the information submitted is sufficient to show that the work will comply with the objectives and principles of these regulations. The City Engineer may also, after consultation with the Soil Conservation Service, require a separate erosion and sediment control plan be drawn in order to get greater detail of the site where unusual topography, drainage or other unusual physical conditions exist, or where the development project is so large as to necessitate the need for a separate plan.

Sediment And Erosion Control Plan Approval.

The sediment and erosion control plan must define the measures to be taken to meet erosion control principles and standards as defined in Subsection (B)(3) of this Section. The plan must assure that all vegetative practices meet a storm event of one-year (frequency) twenty-four-hour (duration); (i.e. two and eight-tenths (2.8) inch rain), or a ten-year (frequency) twenty-four-hour (duration); (i.e. five and two-tenths (5.2) inch rain) for mechanical practices.

Conservation District Comments. When a plan is submitted by the City Engineer to the Soil and Water Conservation District, the District may make comments and recommendations. All such comments and recommendations shall be made within fifteen (15) days of receipt by the District. Such comments may pertain but need not be limited to:

Erosion and sedimentation control methods.

Soil use limitations.

Environmental considerations.

Principles And Standards.

All excavations, grading or filling shall normally have a finished grade not to exceed a 3.1 (33%) slope. Steeper grades may be approved by the City Engineer if the excavation is through rock or if the excavation or the fill is adequately protected (a designed head wall or toe wall may be required). Permanent safety guards will be constructed in accordance with the appropriate Section(s) of the adopted City Building Code and design criteria.

Where natural vegetation is removed during development, one (1) or more of the following measures shall be implemented:

Debris basins/silt basins.

Silt fencing.

Staked straw bales.

Detention structures.

Diversions.

Other measures as approved by the City Engineer with consultation with the Soil Conservation Service.

Permanent type grasses shall be established, weather permitting, as determined by the City Engineer, when grading or construction has been completed. Work shall be deemed to have been completed if work has ceased for a six-month period unless that area is a borrow area as designated on either the preliminary plat or construction plans. Prior to acceptance of any public improvements, permanent type grasses shall be established. Permanent grass must be established at a density to provide erosion control on the site (refer to Subsection (D) of this Section).

Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after grading. Unvegetated open channels shall be designed so that gradients result in velocities of five (5) fps (feet per second) or less. Open channels with velocities more than five (5) fps and less than ten (10) fps shall be established in permanent vegetation by use of commercial erosion control blankets or lined with rock riprap or concrete or other suitable materials such as sod as approved by the designated official. Detention basins, diversions, or other appropriate structures shall be constructed to prevent velocities above ten (10) fps.

The adjoining ground to development sites (lots) shall be provided with protection from accelerated and increased surface water, silt from erosion, and any other consequences of erosion during development. Runoff water from developed areas (parking lots, paved sites and buildings) above the area to be developed shall be directed to diversions, detention basins, concrete gutters and/or underground outlet systems. Sufficiently anchored straw bales may be temporarily substituted with the approval of the designated official.

F.E.M.A. and U.S. Army Corps of Engineers guidelines shall be followed where applicable regarding site development areas designated as floodplains and wetlands.

All lots shall be seeded and mulched at the rates defined below or sodded before an occupancy permit may be issued except that a temporary occupancy permit may be issued by the Building Department in cases of undue hardship because of unfavorable ground conditions.

Inspection And Violation.

Inspections. By applying for a grading permit, the applicant consents to the City inspecting the proposed development site and all work in progress. The City may require additional erosion and sediment control measures be implemented where existing erosion and sediment control methods are not, or will not, adequately handle drainage conditions. The Soil Conservation Service may be consulted in order to obtain recommended erosion and sediment control measures.

At the time a building permit or permit where soil disturbance may occur is issued, the contractor shall post a performance bond, cash escrow, certified check or other acceptable form of performance security for the amount of one thousand five hundred dollars ($1,500.00) per lot. Where a builder or contractor is constructing on four (4) or more lots a performance bond in an amount of six thousand dollars ($6,000.00), in a form acceptable to the Board of Aldermen, and shall be deemed a "blanket" security covering all present and/or future lots; provided, however, that the Director of Planning and Zoning may require the permittee to post individual lot performance securities if determined based upon good cause that the permittee is not adequately complying with City ordinances and erosion control standards. The performance security is to secure the performance of any remedial work, including erosion control performed by the City, to bring the construction activity into compliance with City ordinances. After final occupancy has been issued, the performance security will be refunded to the contractor or developer minus any amount for remedial work if required and performed by the City. [Ord. No. 2017-2935 § 1, 10-24-2017]

If it is determined through inspection by City representatives that the development is not proceeding in accordance with City ordinances and erosion control standards stated herein, an enforcement officer or City representative shall immediately notify the permittee and the surety of the nature of the location of the non-compliance by available means, including telephone, paging, certified mail, personal delivery, and posting of the property. The permittee shall immediately commence remedial work and complete the remedial work within forty-eight (48) hours. In the event the permittee shall fail to completely repair or correct the deficiency within three (3) days after notification by the enforcement officer or City representative, the bond and monies deposited with the City Clerk may be deemed forfeited and the City may make use of such monies to make the necessary repairs or control measures. If, during the three-day period, the applicant brings the control measure into compliance with the plan or corrects the deficiencies, no action will be taken against the security. The City shall make appropriate charges for labor, materials and equipment for such correction work at rates which shall be posted with the City Clerk and approved by the Board of Aldermen in amounts necessary to reimburse the City for all costs incurred by the City in providing labor, material and equipment to correct said deficiency.

Corrections. All violations shall be corrected within the time limit set forth by the enforcement officer specified in the issuance of a written notice to correct. All persons failing to comply with such notice shall be deemed in violation of this regulation.

Violations. In the event of a violation, the enforcement officer shall have the authority to issue a stop work order on construction of all public improvements until compliance with the written notice is achieved. The regulations of the City of Greenwood shall also apply.

[1]Any person, applicant or contractor performing a land disturbance without posting bond or failing to maintain the erosion or sediment control measures in accordance with the erosion and sediment control plan for the City and the City's adopted standards or working with a revoked or suspended permit, on conviction, shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the municipal correctional institution for a period not to exceed ninety (90) days, or may be punished by both fine and imprisonment; provided that each violation thereof shall be a separate offense for purposes of this Section.

[Ord. No. 2017-2935 § 1, 10-24-2017]

[1]

Editor’s Note: Former Subsection (D)(5), which required the posting of a security bond by the contractor, was repealed 10-24-2017 by Ord. No. 2017-2935 § 1.

Vegetative Establishment For Urban Development Sites.

Seeding Rates:

Permanent:

Turf Type Fescue — 10 — 12 lbs. of pure live seed per one thousand (1,000) square feet.

Turf Type Fescue and Perennial Rye mixture — 10 — 12 lbs. of pure live seed per one thousand (1,000) square feet.

Other seeding mixtures as approved by the Soil Conservation Service.

Temporary:

Wheat or Annual Rye — 150 lbs./ac. (3.5 lbs. per one thousand (1,000) square feet).

Oats — 120 lbs./ac. (2.75 lbs. per one thousand (1,000) square feet).

Other seeding mixtures as approved by the Soil Conservation Service.

Seeding Periods:

Fescue or Brome: March 1 to June 1, August 1 to October 1

Wheat or Rye: March 15 to October 15

Oats: March 15 to September 15

Mulch Rates: (Required for all permanent seeding) 80 — 100 lbs. per one thousand (1,000) square feet.

Fertilizer Rates:

Starter Fertilizer: 6 — 8 lbs. of (16-8-8) per one thousand (1,000) square feet.

Lime 700 lbs./ac. ENM (effective neutralizing material as per State evaluation of quarried rock).

Other rates as defined by a current soil test and approved by the Soil Conservation Service.

Design Standards For Vegetated Buffers And Building Setbacks.

General Requirements.

A vegetated buffer for a stream system shall consist of a vegetated strip of land extending along both sides of a stream and its adjacent wetlands, floodplain, and slopes. The vegetated buffer width shall be adjusted to include contiguous, sensitive areas, such as steep slopes or erodible soils, where development or disturbance may adversely affect water quality, streams, wetlands, or other water bodies. This adjustment shall be accomplished by evaluating the potential of a site for impacts that result from runoff, soil erosion and sediment transport.

For those sites where vegetation does not exist, it is acceptable to allow the vegetated buffer to succeed naturally to a wooded state. However, if channel erosion, stream pollution, or habitat degradation exists at that site or has been caused downstream from that site, the director may require planting of the vegetated buffer and any additional water quality protection measures.

The department may post the vegetated buffer.

Vegetated Buffer Standards For Streams, Wetlands And Floodplains.

For a first or second order stream, the vegetated buffer shall be measured from the centerline. For all higher order streams, the vegetated buffer shall be measured from the stream bank of the active channel (bank-full flow).

For a use I or I-P stream, the vegetated buffer shall be the greater of the following:

Seventy-five (75) feet,

Twenty-five (25) feet from the outer wetland boundary, or

Twenty-five (25) feet from the one-hundred-year floodplain reservation or easement boundary.

For a use III, III-P, IV or TV-P stream (recreational waters), the vegetated buffer shall be the greater of the following:

One hundred (100) feet,

Twenty-five (25) feet from the outer wetland boundary, or

Twenty-five (25) feet from the one-hundred-year floodplain reservation or easement boundary.

Adjusted vegetated buffer standards and requirements for streams and wetlands with adjacent steep slopes and erodible soils.

A steep slope and erodible soils evaluation shall be conducted in accordance with the evaluation procedures and criteria specified herein or a comparable method approved by the Director for sites containing or adjacent to streams, wetlands or other water bodies where:

Slopes exceed ten percent (10%) within five hundred (500) feet of the streams, wetlands or water bodies;

Soil erodibility K values exceed 0.24 within five hundred (500) feet of the streams, wetlands or water bodies; or

The vegetative cover within one hundred (100) feet of the streams, wetlands or water bodies is: bare soil; fallow land; crops; active pasture in poor or fair condition; orchard-tree farm in poor or fair condition; brush-weeds in poor condition; or woods in poor condition.

An evaluation report shall be submitted for review to the department. This report shall include, as a minimum, the following:

A plan, at a scale not smaller than one (1) inch equals one hundred (100) feet, that shows:

(a)

Existing topography with contour intervals no greater than five (5) feet. County photogrammetric maps are an acceptable source for preparing existing topography.

(b)

Mapped soils as shown in the County soil survey,

(c)

Field delineated, marked, and surveyed streams and wetlands,

(d)

Existing vegetation,

(e)

Existing subdrainage areas of the site, and

(f)

Slopes in each subdrainage area segmented into sections of slopes less than or equal to ten percent (10%); eleven percent (11%) to nineteen percent (19%); and greater than or equal to twenty percent (20%);

All slope analysis data forms;

A summary of findings, including information pertinent to the evaluation of the site; and

A mitigation plan that describes the proposed additional protective measures for those areas where development is allowed with restrictions.

The site shall be evaluated by assessing each segment of each subdrainage area using the evaluation criteria in Table 1. Each segment shall be given a score for slope, slope length, soil erodibility, vegetative cover, and sediment delivery. A total score shall be assigned for each segment. A segment of a subdrainage area with a total score of thirty-five (35) or greater shall be designated as part of the vegetated buffer and no development shall be approved in that segment. A segment with a total score of twenty-five (25) or thirty (30) shall require the application of additional protective measures; however, development shall not be prohibited and that area shall not be part of the vegetated buffer. A segment with a score of twenty (20) or less shall be developed with standard protective measures and that area shall not be part of the vegetated buffer.

Table 1 Evaluation Criteria for Steep Slopes and Erodible Soils
Factors	Scores
	High (10)	Medium (5)	Low (0)
Slope (S)		S > 20%	10% < S < 20%
S < 10%
Slope length (SL)	SL > 200'	50' < SL < 200'	SL < 50'
Soil erodibility (K)	K > 0.32	0.24 < K < 0.32	K < 0.24
Vegetative cover	Bare soil, fallow land, crops, active pasture in poor condition, orchard-tree farm in poor condition	Active pasture in fair condition, brushweeds in poor condition, orchard-tree farm in fair condition, woods in poor condition	Active pasture in good condition, undisturbed meadow, brush-weeds in fair condition, orchard- tree farm in good condition, woods in fair condition
Sediment delivery (distance from downslope limit of disturbance to outer edge of wetlands or top of streambank)	Adjacent to water courses or wetlands (< 100 feet buffer)	Adjacent to water courses or wetlands (100 feet — 300 feet buffer)	Not adjacent to water courses or wetlands (> 300 feet buffer)

Standards For Building Setbacks.

At a minimum, the primary or principal structure on a parcel or lot shall be set back from the outer edge of the vegetated buffer as follows:

Residential dwellings, thirty-five (35) feet;

Commercial structures, twenty-five (25) feet;

Industrial structures, twenty-five (25) feet.

The setback can include either private or public land or both. Appurtenant or accessory structures including roads and driveways, utilities, recreational facilities, patios, etc., are permitted within the setback area.

Management Requirements For Vegetated Buffers.

The vegetated buffer, including wetlands and floodplains, shall be managed to enhance and maximize the unique value of these resources. Management includes specific limitations on alteration of the natural conditions of these resources. The following practices and activities are restricted within the vegetated buffer, except as provided for in forest harvesting operations which are implementing a forest management plan approved by the Missouri Department of Natural Resources, or the County Soil Conservation District, as provided for in surface mining operations which are operating in compliance with a State surface mining permit or as provided for in agricultural operations in accordance with a soil conservation and water quality plan approved by the County Soil Conservation District:

The existing vegetation within the buffer shall not be disturbed except as provided in (b) below. This includes, but is not limited to, disturbance by tree removal, shrub removal, clearing, mowing, burning, spraying and grazing.

Soil disturbance shall not take place within the vegetated buffer by grading, stripping of topsoil, plowing, cultivating, or other practices.

Filling or dumping shall not occur within the vegetated buffer.

Except as permitted by the department, the vegetated buffer shall not be drained by ditching, underdrains, or other drainage systems.

Pesticides shall not be stored, used or applied within the vegetated buffer, except for the spot spraying of noxious weeds consistent with the recommendations of the University of Missouri Extension Service.

Animals shall not be housed, grazed, or otherwise maintained within the vegetated buffer.

Motorized vehicles shall not be stored or operated within the vegetated buffer, except for maintenance and emergency use approved by the City.

Materials shall not be stored within the vegetated buffer.

The following structures, practices and activities are permitted in the vegetated buffer:

Roads, bridges, trails, storm drainage, storm water management facilities, and utilities approved by the department are permitted within the vegetated buffer provided that an alternatives analysis has clearly demonstrated that no other feasible alternative exists and that minimal disturbance will take place. These structures shall be located, designed, constructed and maintained to provide maximum erosion protection, to have the least adverse effects on wildlife, aquatic life and their habitats, and to maintain hydrologic processes and water quality. Following any disturbance, the impacted area shall be restored.

Stream restoration projects, facilities and activities approved by the department are permitted within the vegetated buffer.

Scientific studies approved by the department, including water quality monitoring and stream gauging, are permitted within the vegetated buffer.

Horticulture practices may be used to maintain the health of individual trees in the vegetated buffer.

Individual trees in the vegetated buffer may be removed which are in danger of falling, causing damage to dwellings or other structures, or causing the blockage of streams.

Other timber-cutting techniques approved by the department may be undertaken within the vegetated buffer under the advice and guidance of the State Departments of Agriculture and Natural Resources if necessary to preserve the vegetation from extensive pest infestation, disease infestation, or threat from fire.

Conflict With Other Regulations. Where the standards and management requirements for vegetated buffers are in conflict with other laws, regulations and policies regarding streams, steep slopes, erodible soils, wetlands, floodplains, forest harvesting, surface mining, land disturbance activities, development in critical areas, or other environmental protection measures, the more restrictive shall apply.

In addition to compliance with the regulations herein, all proposed activities, projects, and developments within a one-hundred-year floodplain shall also comply with the regulations and requirements of the Departments of Public Works and Permits and Licenses.

Public And Private Improvements Of Development.

In addition, the applicant shall provide improvements to the vegetated buffer and stream system in order to abate and correct:

Water pollution,

Erosion and sedimentation of stream channels, and

Degradation of aquatic and riparian habitat; and

The County may participate in the cost of any such improvement.

For any vegetated buffer or vegetated buffer easement:

Access easements shall be dedicated by the applicant to the County, of which the number, locations, and design standards shall be determined by the department; and

Permanent boundary markers, in the form of monuments, shall be installed by the applicant upon request of the department.

Enforcement Procedures.

The Mayor or his designee is authorized and empowered to enforce these regulations in accordance with the procedures of this Section.

If, upon inspection or investigation, the Mayor or his designee is of the opinion that any person has violated any provision of these regulations, order, or permit condition promulgated or issued under these regulations, he shall with reasonable promptness issue a correction notice to the person on such form as prescribed and approved by the Director. Each such notice shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of these regulations, order, or permit condition alleged to have been violated. In addition, the notice shall fix a reasonable time for the abatement and correction of the violation.

If, after the time fixed for abatement and correction of the violation has expired pursuant to (2) above, an inspection by the Mayor or his designee determines that the violation or violations continue, the Mayor or his designee shall issue a citation by certified mail to the person who is in violation on such form as prescribed and approved by the Director. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision.

Section 410.190 Street Lighting Design Requirements.

[Ord. No. 2006-02-13-01 § 5, 2-13-2006]

General. Proposed street lighting construction in the City shall in all respects conform to the technical criteria for analysis and design of street lighting as set forth in this Section. Plans shall be submitted to the City Engineer for approval and shall include all information as may be required or described hereinafter. Plans shall be submitted concurrently with the street improvement plans.

Design Process. The illumination design process involves the selection of proper lighting equipment and the establishment of the geometry of the system in order to provide the most effective lighting system to satisfy the system needs. The major steps of the design process are outlined as follows:

Existing Conditions. Determination of roadway and area classifications.

Selection Of Illumination Levels. The recommended average intensity of horizontal illumination shall be determined based on the roadway and area classifications.

System Characterization. Detailed calculations using selected light source types and sizes, luminaire mounting heights and spacing locations are employed in order to determine the average intensity of horizontal illumination. Based on the selected equipment and geometrics, an isocandle diagram or computer program equivalent is employed to determine the minimum illumination level. The uniformity of illumination, referred to as the uniformity ratio, is checked by comparing the ratio of the average maintained illumination to the minimum maintained illumination with the recommended criteria in order to determine optimal effectiveness of the lighting system.

Classification. The classification of any roadway shall be the classification listed on the master street plan of the City. For proposed roads not appearing on the master street plan, the City Engineer shall determine the roadway classification based on the proposed use. The area classification of urbanized areas shall be generally defined as follows:

Commercial. An area within the municipality where ordinarily there are many pedestrians during business hours. This definition applies to densely developed business areas outside, as well as within, the central part of the municipality. The area contains land use which attracts a relatively heavy volume of nighttime vehicular and/or pedestrian traffic on a frequent basis.

Intermediate. An area within the municipality often characterized by moderately heavy nighttime pedestrian activity such as blocks with libraries, community recreation centers, large apartment buildings, industrial buildings or neighborhood retail stores.

Residential. A residential development, or a mixture of residential and small commercial establishments, characterized by a few pedestrians at night. The definition includes single-family homes, town houses and/or small apartment buildings.

Illumination Levels. All calculations shall conform to the standard practice of the Illuminating Engineering Society of North America and can be done manually, electronically or derived from tables and data provided by the luminaire manufacturer. The street lighting design shall satisfy the luminance (average and uniformity), veiling luminance (ratio) and illuminance (average and uniformity) standards as set forth in ANSI/IES RP-8 and shall be provided with the street lighting plans.

Design Conditions. Maximum light spacing, consistent with good illumination design, should be emphasized. Luminaire supports can be hazardous roadside objects and the total number used in the design should be minimized and/or strategically located. Supports should be placed a minimum of three (3.0) feet from the back of curb to the center of the support and breakaway pole bases are required for all collector and arterial street installations.

Determination of the light source, type, mounting height and spacing shall conform to the requirements outlined below and based upon the required illuminance levels when the luminaires are at their lowest output which occurs just prior to lamp replacement and/or luminaire washing. Calculations for illuminance levels shall include light loss factors (LLF) which are based on the contribution of individual factors such as lamp lumen depreciation, luminaire dirt depreciation, ambient temperature, in-service voltage, ballast, lumen component depreciation, physical surroundings and burnouts. The LLF for major-commercial, major-intermediate, collector-commercial, collector-intermediate and local-commercial roadway classifications shall be seventy-five hundredths (0.75) of maximum. All others shall use a LLF of seventy hundredths (0.70) maximum. The LLF shall be modified by information from the equipment manufacturers for the specific luminaire type.

Arterial Streets. Street lights shall be cobra-head style, cutoff luminaires with flat glass, four hundred (400) watt HPS lamps and removable power doors mounted on spun aluminum poles with a thirty-five-foot or forty-foot mounting height.

Collector Streets. Street lights shall be cobra-head style, cutoff luminaires with flat glass, a two hundred fifty (250) watt HPS lamps and removable power doors mounted on spun aluminum poles with a thirty-foot mounting height.

Local Residential Streets. Street lights shall be post-top style luminaires with one hundred fifty (150) watt high pressure sodium (HPS) lamps mounted on spun aluminum poles with a fourteen-foot mounting height. Street lights shall be located:

At intersections of local streets;

At or near property lines;

Equally spaced along cul-de-sacs longer than two hundred (200) feet;

At changes in alignment of sixty degrees (60°) or more which are two hundred (200) feet or more from an intersection;

With a maximum spacing of three hundred (300) feet;