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HomeMy WebLinkAbout1972-07 - No Ord. Subdivision RegulationsSUBDIVISION REGULATIONS OF RIVERSIDE, MISSOURI July 1972 " EXHIBIT--A " -/ r _.~- TABLE OF CONTENTS Page ARTICLE I - G ENERAL PROVISIONS 1.1 Title 1 1.2 Authority. ~ 1 1.3 Jurisdiction. 1 1.4 Policy and Purposes 1 1.5 Interpretation, Conflict and Separability Interpretations 2 1.6 Saving Provision 3 1.7 Amendments 3 1.8 Conditions 4 1.9 Resubdivision of Land. 4 1.10 Vacation of Plats 4 1.11 Variations and Exceptions 5 1.12 Enforcement, Violations, and Penalties 6 ARTICLE II - SUBDIVISION APPLICATION PROCEDURE AND APPROVAL PROCESS 2.1 General Procedure .~ 8 2.2 Preliminary Discussions 10 2.3 Preliminary Plat 10 2.4 Final Subdivision Plat ~ 14 2.5 Subdivision Plat Signing and Recording of 18 ARTICLE III - ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS - 3.1 Improvements and Performar~e Bond. 20 3.2 Inspection of Improvements 22 3.3 Escrow Deposits for Lot Improvements. 23 3.4 Maintenance of Improvements. ~ 24 3.5 Improvements Deferral of Waiver of Required 24 3.6 Issuance of Building Permits and Certificates of Occupancy 24 ARTICLE IV - REQUIREMENTS FOR IMPROVEMENTS, RESERVATIONS, 'AND DESIGN 4.1 General Improvements 26 4.2 Lot Improvements 28 4.3 Roads 30 ~_ ARTICLE IV (continued) Page 4.4 Drainage and Storm Sewers 39 4.5 Water Facilities 42 4.6 Sewer Facilities 43 4.7 Sidewalk 48 4.8 Utilities 49 4.9 Public Uses ~ 49 4.10 Preservation of Natural Features and~Amenities 53 4.11 Non-Residential Subdivisions 53 ARTICLE V - SPECIFICATIONS FOR DOCUMENTS TO BE SUBMITTED 5.1 Preliminary Plat 55 5.2 Construction Plans 57 5.3 Final Subdivision Plat 59 ARTICLE VI - DEFINITIONS 6.1 Usage 60 6.2 Words and~Terms Defined 60 ART I CLF. I GE\EILiL Pi:Oi ISIONS 1.1 Title - These regulations shall hereafter be known, cited and referred to as the "Subdivision Regulations of Riverside, Missouri." 1.2 Authority - By ordinance of the Board of Aldermen adopted pursuant to the powers ar_d jurisdictions vested through Sections 89.300 through 89.480, Chapter 89, Revised Statutes of Aissouri, and other applicable laws, statutes, orders and regulations of the State of bissouri and the City of Riverside, the Board of Aldermen does hereby exercise the power and authority to approve and disapprove plats for subdivision land within the incorporated areas of the City. By the same authority, the Planning Commission does hereby exercise the power and authority to review and make recom- mendations to the Board of Aldermen on any and all plats of subdivision of land tivithin the City. 1.3 Jurisdiction - These subdivision regulations s}iall apply .to all subdivisions of land, as-defined herein, located within the incorporated areas of the City. No land shall be subdivided within the incorporated area of the City until the subdivider or his agent shall submit the appropriate plats to the Board of Aldermen for their recommendation, and obtain approval of the plat itself by the Board of Aldermen, and until the approved plat is filed with the County Recorder of Deeds. No building permit or certificate of occupancy shall be issued for. any parcel or plot of land Zvhich teas created by sv.bdivisiorl after the effective date of, and not in conformity with, the pro- visions of these subdivis:ioi~ regulations and no excavation of land or construction of any public or private improve- ments shall take place or be commenced except in conformity with the reguia.tions. 1.4 Policy and Purposes - It is hereby policy of the City to consider the and the subsequent development of subject to the control of the City Comprehensive Plan of the City for efficient, physical and economical Land to be subdivided shall be of declared to be the subdivision of land the subditi>ided plat as pursuant to the official the orderly, planned, development of the City. such character that it -1- i 1.5 can be used safely Lor building purposes without danger to health, or peril from fire, flood or other menace, and land shall not be subdivided until available public facilities and improvements exist and proper provision has been made for drainage, water, sewerage and capital improvements such. as schools, parks, recreation facili- ties, transportation facilities and improvements. The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the Official piaster Plan, D}ajor Highway Plan and the capital budget and program of the City, and it is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, zoning ordinance, Official Comprehensive Plan, Major Highway Plan and land use plan, and capital budget and program of the City. These regulations are adopted to protect and provide for the public health, safety and general welfare of the City and to conserve and protect property and building values in the City. Interpretation, Conflict and Separability Interpretations 1.5-1 In their interpretation and application, the pro- visions of t}iese regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. 1.5-2 Conflict with Public-and Private Provisions A. Public Provisions - These regulations are not intended to interfere with, abrogate or anmal any other City Ordinance, rule or regulation, statute or other provision of law. }Vhere any provision of these ~•egulations imposes restric- tions different from those imposed by any other provision•of these regulations or any other City Ordinance, rule or regulation or other provision of la~~, i~-hichever provisions are more restrictive or impose }uglier standards, shall control. B. Private Provisions - These regulations are not intended to abrogate any easement, covenant or any other private agreement, or restriction, provided that where the provisions of these regulations are more restrictive or improve -2- higher standards or regulations, than such easement, covenant or other private agreement or restriction, the rec{uirements of these regu- lations shall govern. tiVhere the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the re- quirements of these regulations, or the deter- minations of the Planning Commission or the Board of Aldermen in approving a subdivision or in enforcing these regulations and such private provisions are not inconsistant with these regu- lations or determinations thereunder, then such private provisions shall be operative and sup- plemental to these regulations and determination made thereunder. 1.5-3 Separability - If any part or provision of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be con- fined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the re- mainder of these regulations or the application thereof to other persons or circumstances. The Planning Commission hereby delares that it would have enacted the remainder of these regulations even without any such part, provision, or application. 1.6 Saving Provision - These regulations shall not be construed as abating any action now pending, under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modi.:fying ox altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rig}its obtained by any person, firm or corporation, by lawful action of the City, except as shall be expressly provided . for in these regulations. 1.7 Amendments - For the purpose of providing the public health, safety and general welfare, the Board of Aldermen may, from time to time, amend the provisions imposed by these sub- division regulations. Pablic hearings on all proposed -3- amendments shall be held by the Board of Aldermen. Fifteen days notice of the time and place of such hearing shall be published in a paper of general circulation in the City. 1.8 Conditions - Tlie subdivision of land is a privilege con- ferred upon the developer by the laws of the State of Missouri and through these subdivision regulations. It is the developer who is seeking to acquire the advantages of •lot subdivision and upon him rests the duty of compli- ance with reasonable conditions laid down by the Planning Commission and the Board of Aldermen for design, dedication, improvement and restrictive use of the land so as to con- form to the physical and economical development of the City and to the safety and general welfare of the future plot owners in the subdivision and of the community at large. 1.9 Resubdivision of Land 1.9-1 Procedure for Resubdivision - For any change in a map of an approved or recorded subdivision plat, if such change affects any street layout shown on such map, or area reserved thereon for public use, or any lot line, or if it affects any map or plan legally recorded prior to the adoption of any regu- lations controlling .subdivisions, such parcel shall be approved by the Board of Aldermen by the same procedure, rules and regulations as for a subdivision. 1.9-2 Procedure for Subdivisions Where Future Resubdivision Is Indicated - lYhenever a parcel of land is sub- divided and the subdivision plat shown one or more Sots containing more than.one acre of land and there are indications that such lots will eventually be resubdivided. into smaller building sates, tb.e Planning Commission or the Board of Aldermen may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat. 1.10 Vacation of Plats - Any plat or any part of any plat may be vacated by the owner of these prer;~ises, at any time before the sale of any lot therein, by a written instrwnent, to which a copy of such plat shall be attached, declaring the same to be vacated. -4- !~ Such an instrument shall. be approved by the Board of r\idermen in like manner as plats of subdivisions. "I'he Board of Aldermen may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets or alleys. Such an instrument shall be executed, acknowledged or approved, and recorded or filed, in like manner as plats of sub- divisions; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys and public grounds, and all dedications _ laid out or described in such plat. 1Vhen lots have been sold, the plat may be vacated in the manner herein provided by all the owners of lots in such plat joining in the execution of such writing. 1.11 Variations and Exceptions 1.11-1 General - Where the Board of Aldermen, upon recommendation of the Planning Commission, finds that extraordinary hardships or practical diffi- culties may result from strict compliance with these regulations, it may approve variations or exceptions to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variation or exception shall not have the effect of nullifying the intent and purpose of these regulations; and further provided, the Planning Commission shall not recommend variations unless it shall rnal:e findings based upon the evidence presented to it in each specific case that: A. The granting of the variation will not be detrimental to i:}ie puiilc safety, heaiih, or welfare or injurious to other property or im- provements in the neighborhood in which the property is located; B. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought, and are not applicable generally to other property; C. Because of the particular physical surroundings, shape or topographical conditions of the speci- fic property involved, a particular hardship -5- y to the o~•ner i•.ould result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out. D. The variations will not in any manner vary the provisions of the Zoning Ordinance, Comprehen- sive Plan or b4ajor Highway Plan. 1.11-2 Conditions - In recommending variations and excep- tions, the Planning Commission may require such conditions as will, in its judgment, secure sub- - stantially the objectives of the standards or requirements of these regulations. 1:11.-3 }'rocedures - A petition for any such variation shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Planning Commission. 'f he petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner. 1.12 Enforcement, Violations and Penalties 1.12-1 General A. It shall be the duty of the City Engineer or Enforcement Officer appointed by the Board of Aldermen to bring to the attention of the Board of Aldermen any. violations or lack of compli- ance herewith, and it shall be the duty of the Board of Aldermen to enforce these regula- tions. B. No owner or agent of the owner, of any parcel of land, located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the Board of Aldermen, in accordance with the provisions of these regulations, and filed with the County Recorder of Deeds. C. The subdivision of any lot or any parcel of land by the use of metes and bounds descrip- tion for the purpose of sale, transfer, or lease with the intent of evading these regu- lations, shall not be permitted. All such described .subdivision shall be subject to all of the requirements contained in these regula- tions. -6- to D. No building permit construction of any located on a I.ot or in violation of the lations. shall be issued for the building or structure plat subdivided or sold provisions of these regu- 1.12-2 Violations and Penalties - Any person, firm or corporation who fails to comply with, or violates, any of these regulations shall be guilty of a mis- demeanor and upon conviction thereof shall be fined not less than X100 and not more than $500, or by confinement in the City Jail for not more than (~G,~~~„nr~ae-~•, or by both such. fine and confinement, " 7J pursuant to the provisions of Section 89.490 of the Revised Statutes of the State of b}issouri. 1.12-3 Use of Unapproved Plat - In accordance with Section 89.450 of the Revised Statutes of b}issouri, no owner, or agent of the owner, of any land located within the platting jurisdiction of the City, know- ingly 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 pur- ported 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 appro- priate county recorder. Any person violating the provisions of this section shall forfeit and pay to the City a penalty not to exceed three hundred dollars for each lot transfered ox sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of selling or transferring shall not exempt the ,transaction f.ram *his penalty. The City -iay enjoin or vacate the transfer or sale or agreement by legal. action, and may recover the penalty in such action. -7- !~ ARTICLE II SUBDIVISION APPLICATION PROCEDURE AND APPROVAL PROCESS 2.1 General Procedure 2.1-1 Classification of Subdivisions - Whenever any sub- division of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivid- ing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with the following procedure, which in- cludes basically two (2) steps: (1) Preliminary Plat (2) Final Subdivision Plat 2.1-2 Official Submission Dates'- For the purpose of these ' regulations, the date of the regular meeting of the Planning Commission at which the public hearing on final approval of tare subdivision plat,including any adjourned date thereof, is closed, shall constitute the official submittal date of the plat at which the sixty (60) day period required by Section 89.420, Revised Statutes of Missouri, for formal approval or disapproval of the plat commences to run. 2.1-3 Coordination of Flexible 7..oning Application with Subdivision Approval A. It is the intent of the City that subdivision review be carried out simultaneously with the review of flexible zoning applications under 'the Zoning Ordinance. The plans required for flexible zoning applications shall be submitted in a form to satisfy the requirements of the subdivision regulations. B. General Requirement - }9henever the Zoning Ordi- nance of the City authorizes flexible zoning applications as defined in these regulations, and the application entails the division of the land, vacant or improved, into two (2) or -8- i~ more Lots, constituting a subdivision or resub- dibision of land, subdivision approval of the flexible zoning application shall be required by the Planning Commission in addition to all other procedures and approvals required in the Zoning Ordinance, whether or not such zoning procedures also require Planning Commission approval, revietia or recommendation. C. Procedure to be Followed: (1) Sketch Plan and Preliminary Plat Approval ` Required - jtiThenever a flexible zoning appli- cation is submitted which involves a subdi- vision of land as set forth in Section 2.1-3 (a) of these regulations, such application shall be first submitted to the Board of Aldermen or official authorized to accept such application under the Zoning Ordinance. The application shall be made on the forms. The official shall thereupon refer the appli- cation to the Planning Commission for approval of the application through preliminary plat approval. The Planning Commission shall also, when applicable, under the provisions of the Zoning Ordinance, make such reviews of use, density and bulk standards as are required under the flexible zoning regulation. (2) Referral Back for Zoning'Approval - The Planning Commission shall thereupon refer the sketch plat and preliminary plat with its decision of approval conditions, approval or disapproval, together with such recor~~men- dations and r~vie~:~s of use, density ai:d bul.: standards as it was required to make under the flexible zoning regulation of the Zoning Ordinance, to the Board of Aldermen, Commis- sion, Agency or Official authorized under the Zoning Ordinance to approve the appli- cation, which body or official shall render a final determination on the application. In the event of approval of the application, application shall then be made to the Plan- ning Commission for final plat approval. No b~.~ilding perriits or certificates of occupancy shall be issued for the;project until the -9- /~ ?01717?. `; -iphl:CB.t:L'lI1 }tae }1Cen finally aphrOVCd and i.nal subdivision plat approval has been given a::d the subdivision plat is recorde_t with the Count}• Recorder of Deeds. D. P.esubdivisions of Flexible Zoning Developments (1) A flexible zoning development or land use plan may be subdivided or resuhdivided for purposes of sale or lease af-~er the project plan has been finally approved and develop- ment completed or partially completed. (2)` If the subdivision or resubdivision of a flexible zoning development will create a new plot line, the applicant shall make application to the Planning Commission for the approval of the subdivision or rescib- division. The Planning Commission shall approve the subdivision only if siriul'ca- neously an amended zoning application is approved for the flexible development plan by the Board of Aldermen having jurisdic- tion under the Zoning Ordinance, for all provisions governing use, density and bt:llc standards. 2.2 Preliminary Discussions Before preparing the sketch plat for a subdivision, the applicant shoulu ciscuss with the Planning Commission Review Board-the procedure and requirements for approval of a sub- division plat. The Planning Commission Review. Board shall also ad:Tise the applicant, J:~hera appropriate, to discuss the proposed subdivision with the City Engineer, Health Officer; ~(issour_ C1Fan 1'at.er Rnard, and nt.her o-!=fici^1~ who must eventually approve these aspects of the subdivision plat coming ~~rithin their jurisdiction. 2.3 Preliminary Plat 2.3-1 Application Procedure and Requirements - Prior to subdividing of land, an or;ner of the land, or his representative shall file in duplicate an applica- tion for approval of a preliminar}• plat. The ap}%1i- cation shall: r A. Be made on forms available at t}~e Citz~ E(ali together ~~rith a fee of Tcr: ($10.00) Dollars -10- ~~. per lot for the First ten (10) lots and Five (Q5.00) Dollars for each lot thereafter. B. Include all land which the applicant proposes to subdivide and all land immediately adjacent extending one hundred (100) feet therefrom, or of that directly opposite thereto, extending one hundred (100) feet from the street frontage of such opposite land, with the names of the owners as shown in the Township Assessor's files. This information may be shown on a separate cur- rent Tax b~iap reproduction from the Assessor showing the subdivision superimposed thereon. C. Be accompanied by a minimum of ten (10) copies of the preliminary plat as described in these regulations. D. Be accompanied by a minimum of three (3) copies of construction plans as described in these regu- lations. L. Include an address and telephone number of an agent located within the City who shall be author- ized to receive all notices required by these regulations. F. Be presented to the City Engineer at least four (4) weeks prior to a regular meeting of the Commission. G. Include all contiguous holdings of the owner including land ir. the "same oivr_ership" , as defined herein, with .3n indication of the portion which is proposed to be subdivided, accompanied by an affidavit of ownership, which shall include the dates the respective holdings of land were acquired, together with the book and page of each conveyance into the present owner as recorded in the County Recorder of Deed's office. The affi- davit shall advise as •to the legal owner of the property, the contract owner of the property, the date contract of sale was executed, and, if any corporations are involved, a complete list of all directors, officers, and stockholders of each corporation o:vning more than five (5a) per- cent of any class of stock. l -• 11, /~" 2.3-2 Public Hearing - The Planning Commission shall hold a public hearing on tilt preliminary plat. Such hearing shall be advertised in the same manner as the subsequent public hearing on the final subdivi- sion plat. At the time of the public hearing, the Planning Commission shall notify by certified mail, return receipt requested, each adjacent or opposite owner of property as indicated on the application for sub- division.approval at least fifteen (15) days prior to the public hearing. The applicant shall submit a fee of one ($1.U0) dollar for each such person to be notified. 2.3-3 Preliminary Approval - After the Planning Commission has reviewed the preliminary plat and construction plans, any protests or recommendations and testimony and exhibits submitted at the public hearing, the applicant shall be advised of any required changes and/or additions. The Commission shall approve, conditionally approve, or disapprove the preliminary plat within thirty (30) ci_ays. after the date of the regular meeting of the Commission at tahich the public hearing on preliminary approval including adjourned date thereof, is closed. Qne (1) copy of the pro- posed preliminary plat shawl be r~tu-rned to tl:c developer ioith the date of approval, conditional approval or disapproval and the reasons therefore accompanying the plat. Before the. Commission approves ' a preliminary plat showing park reservation or land fo.r other municipal use proposed to be dedicated to the City, the Commission shall obtain approval from the City. 2. 3-nr i i~ld Tr'~r c.ft;.r Llle 1,CaZ,:I nr Tll ~nnir~b ~~m•+,+y~cynn • ~..a• meeting at ~ohich the subdivision is first discussed, the Planning Commission may schedule a field trip . to the site of the proposed subdivision, accompanied by-the applicant or his representative. 2.3-5 Public Improvements - The Planning Commission may require that all public improvements be installed and dedicated prior 'to the signing of the subdivision plat by the Chairman of the Planning Commission. If the Planning Commission shall not require that all public improvements be installed and dedicated prior to signing of the subdivision plat by the Chairman -12- /,6 of the Planning Commission, the amount of the bond may be established by tiie Planning Com;~i.ssion based upon the recommendation of the City Engineer, which bond shall be sub;~itted by the application at the time of application for final subdivision plat approval. The Planning Commission shall require the applicant to indicate on the plat al.l roads and public improve- ments to be dedicated, al:. districts for water, fire and utility improvements which shall be required to be established or extended and any other special re- quirements deemed necessary by the Planning Commis- sion in order to conform the subdivision plat to the Dlajor I3ightvay Plan and the Comprehensive Plan of the City. 2.3-6 Effective Period of Preliminary Approval - The approval of a preliminary plat shall be effective for a period of one (1) year at the end of which time final approval on the subdivision must have been obtained from the Planning Commission, although the plat need not yet be signed an fi7cd with the County Recorder of Deeds. Any plat not receiving final approval within the period of time set forth herein shall be null and void and the developer shall be required to resubmit a netiv plat for preliminary approval subject to all new zoning restrictions and subdivision regulations. 2.3-7 Zoning Regulations - E,.~ery pl~lt shall conform to existing zoning regulations and subdivision regula- tions app Livable at the time of proposed final approval, except that any plat which has received preliminary approval shall be exempt from any subsequent amend- ments to the Zoning Ordinance rendering the plat non- »F~yini » rr n r- i-~ 'ni ~^l t- n~• t. - .• - ~ _ ~ t i .Final i,.vui iu .a. ~<<, u~. .. . u:~~., t~l U41L,.CU UlaL ti approval is obtained within the one-year period. 2.3-3 Grading of Site Prior to Final Approval - Subsequent to preliminary approval the developer may apply for a topsoil and excavation permit, if same be required by Zoning Ordinance, and upon receipt of such permit may commence construction to the grades and elevations required by the approved preliminary plat. 2.3-9 Afodel Homes - For the purpose of allowing the early construction of model homes in a subdivision, the Planning Commission in its discretion may permit a -13- /7 portion of a subdivision involving no more than two (2) lots to be created for minor subdivisions, provided said portion derives access from an exist- ing city, township, county or state highway, and provided no future road.or other improvement is anticipated where said lots are proposed. The sub- division plat for this portion shall be submitted to the Planning Commission simultaneously with the preliminary plat for the entire major subdivision. Subsequent to preliminary approval, the model may be constructed, subject to such additional require- ments that the Planning Commission or Board of Aldermen may require. 2.4 Final Subdivision Plat 2.4-1 Application Procedure and Requirements - Following the approval of the preliminary plat the applicant, if he wishes to proceed with the subdivision, shall file with the Planning Commission an application for final approval of. a subdivision plat. The appli- cation shall: A. Be made on forms available at the Office of the City Hall, together with a fee of Five ($5.00) Dollars per lot. B. Include the entire subdivision, or section thereof, which derives access from an existing state or county highway. C. Be accompanies by a minimum of 3 (three) paper copies of the subdivision plat and the construc- tion plans as described in these regulations and one (1) reproducible at a scale of not more than 100 ft. to the inch. D. Comply in all respects with the preliminary plat. E. Be presented to the City Engineer or Chairman of the Planning Commission at least four (4) weeks prior to a regular meeting of the Commis- sion in order that a public hearing may be sched- uled and the required fifteen (15) days notice given. The date of the regular meeting of the Commission at which the public hearing on final approval, including any adjourned date thereof, is closed, shall constitute the official submittal date of the plat for the purpose of these regula- tions. -14- /~ F. Be accompanied by all formal irrevocable offers of dedication to the public of all streets, municipal uses, utilities, parks and easements, in a form approved by the City; and the subdivi- sion plat shall be marked <<~ith a notation indica- ting said formal offers of dedication as follows: "The owner, or. his representative, hereby irrevocably o~fers for dedication to the City all the streets, municipal uses, easements, parks and required utilities "~ shoran in the. subdivision plat and con- struction plans in accordance with an irrevocable offer of dedication dated and recorded in t e County Recor er of Deeds office By Owner or Representative Date G. The applicant shall also deliver preliminary title report. H. Be accompanied by the performance bond, if required, in a form satisfactory to the City and in an amount established by the Planning Commission upon recommendation of the City Engineer as re- quired in Article III of these regulations. I. Be accompanied by an inspection fee in an amount to be determined on the basis of t}ie provisions of these regulations and by written assurance from the public utility companies and improvement districts t}iat necessary utilities will be installed, and proof that the applicant has submitted peti- tions in writing for the creation or extension of any improvement districts as required by the Plan- ning Commission upon preliminary plat approval. The applicant s}iall also pay a Fifty and no/"100 (50.00) Dollar fee for each street sign shown in the construction plans which street signs shall be installed by the City. -15- /J< 2.4-2 Endorsement of City Health Authorities - The final subdivision plat shall comply with all the rules, regulations and requirements of the Missouri State. Board of Health, Missouri State Clean 1Nater Board before being submitted to the Planning Commission for final approval. 2.4-3 Notice of Public Hearing - Upon receipt of formal application and all accompanying material, the Plan- ning Commission requests a public hearing, the Chair- man of the Planning Commission shall call a public hearing for the next scheduled meeting of the Planning Commission to be held at least two (2) weeks after the date of application. The Chairman of the Planning Commission will submit a notice for publication in one (1) newspaper of general circulation to be pub- lished at least fifteen (15) days prior to the public hearing and mail notices to all property owners, as specified in Section 2.4-11, and will maintain file copies of the plat and construction plans for public review prior to the hearing. 2.4-4 Public Hearing and Determination A. At the public hearing, the Planning Commission will give an opportunity to any interested persons to examine or comment upon the plat and construc- tion plans. After the public hearing, the Plan- ning Commission shall, within sixty (60) days of the submission of the final plat if no hearing is held or sixty (60j days after the close of the hearing, approve, modify and approve or dis- approve the subdivision application by resolution which shall set forth in detail any conditions to which the approval is subject, or reasons for disapproval. In the final resolution the Planning Commission shall stipulate the period of time i~-hen the performance oend shall be filed or the required improvements installed, whichever is applicable. In no event shall a performance bond be submitted later than six (6) months from the date of final resolution, together with all required documents and completion of required procedures. In no event shall the period of time stipulated by the Planning Commission for comple- tion of required improvements exceed two (2) years from the date of the final resolution. -16- ~a One copy of the final subdivision plat shall be returned to the subdivider with the date of approval, conditional approval, or disapproval noted thereon, and the reasons therefore accom- panying the plat. B. The proposed final subdivision plat shall be submitted to the Board of Aldermen as a report and recommendation of the Planning Commission and shall review the final subdivision plat and may by ordinance approve, conditionally approve or disapprove -the plat as provided by law, and shall approve the performance bond, if required as provided in these regulations. The reasons for the approval or disapproval shall be spread upon the records of the Board of Aldermen and certified to the Planning Com- mission. The approved plat shall be endorsed by the City Clerk together with the seal of the City and the Chairman and/or Secretary of the Planning Commission. '~ C. Failure to approve the plat within sixty (60) days as indicated above shall be deemed approval by the Planning Commission, except that the Planning Commission, with the consent of the applicant, may extend the period. 2.4-5 Submission and Review - Subsequen-t, to the resolution of the Planning Commission, three (3) paper copies of the construction plans, and one (1) copy of the original of the subdivision plat on tracing cloth, ~.nd/or reproducible mylar; and two (2) copies of '.he subdivision plat on paper shall be submitted to the City Engineer for final review. A check payable to the County Recorder of Deeds in the amount of the current filing fee shall be provided. No final, approval shall be endorsed on the plat until a review has indicated that all requirements of the resolution have been met. . 2.4-6 Vested Rights - No vested rights shall accrue to any plat by reason of preliminary or final approval until the actual signing of the plat and all requirements, conditions or regulations adopted by the Planning Commission applicable to the subdivision or to all subdivisions generally shall be"deemed a condition -17- for any subdivision prior to the time of the signing of the final plat by the Chairman and/or Secretary of the Planning Commission and City Clerk. Where the Planning Commission has required the installation of improvements prior to signing of the final .plat, the Planning Commission shall not unreasonably modify the conditions set forth in the final approval. 2.5 Signing and Recording of Subdivision Plat 2.5-1 Signing of Plat A. When a bond is required, the Chairman of the Planning Commission and the City Engineer shall endorse approval on the plat after the bond has been approved by the Board of Aldermen and all the conditions of the resolution pertaining to the plat have been satisfied. B. When installation of improvements is required the Chairman and/or Secretary of the Planning Commission and City Engineer shall endorse ap- proval on the plat after all conditions of the resolution have been satisfied and all improve- ments satisfactorily completed. There shall be written evidence that the required public facili- ties have been installed in a manner satisfactory to the City signed by the City Engineer that the necessary dedication of public lands and improve- ments has been accomplished. 2.5-2 Recording of Plat A. The Chairman and Secretary of the Planning Comr~.is- sion and City Clerk will sign the tracing cloth or reproducible mylar original of the subdivision plat. B. It shall be the responsibility of the Secretary of the Planning Commission to transmit the plat to the City Attorney and the City Attorney shall file the plat with the County Recorder of Deeds' Office tiaithin thirty (30) days of the date of signature. Simultaneously, with the filing of the plat, the City Attorney shall record the agreement of dedication together with such legal documents as shall be required to be recorded by the City Attorney. -18- ~~ 2.5-s Sectionalizing Major Subdivision Plats - Prior to granting final approval of a major subdivision plat, the }Tanning Commission may permit the plat to be divided into t~ao or more sections and :'nay impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly develop- ment of the plat. The Planning Commission may re- quire that the performance bond be in such amount as is commensurate with the section or sections of . the plat to be filed and .nay defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for filing. The developer may also file irrevocable offers to dedicate streets and public improvements in the sections offered to be filed and defer filing offers of dedication for the remaining sections until such sections, subject to any conditions imposed by the Planning Commission, shall be granted concurrently with the final approval of the plat. In the event of approval of sectionalizing the entire approved subdivision plat including all sections shall be filed iaithin tii».ety (90) days after date of final approval with the City Clerk's office and such sec- tions as have been authorized by the Planning Commis- sion shall be filed faith the County Recorder of Deeds. Such section must contain at least ten (10%) percent of the total number of lots contained in the approval plat. The approval of all remaining sections not filed faith t}ie County Recorder of Deeds shall auto- matically expire unless such sections have been approved for filing by the Planning Commission, all fees paid, all instruments and offers of dedica- tion submitted and performance bonds approved and actually filed with the Recorder of Deeds within three (3) years of th? ci.ate of final. s~~bditT;_sion approval of the subdivision. plat. (See Section 2.3-6 of these Regulations). r -19- ~ 3 ARTICLE III ASSURANCE FOR COMPLETION AND DL4I:~'TENA~'CE OF IA4PR01'EDiENTS 3.1 Improvements and Performance Bond 3.1-I Completion of Improvements - Before the plat is signed, all applicants may be required to complete, to the satisfaction of the Planning Commission, all the street, sanitary and other improvements includ- in; lot improvements on the individual lots of the subdivision as required in these regulations, speci- in the final subdivision plat, and as approved by the Planning Commission, and to dedicate same to the City free and clear of all liens and encumbrances on the property and public improvements thus dedi- cated. 3.1-2 Performance Bond A. The Planning Com:~ission in its discretion may ;waive the requirement that the applicant complete and dedicate all public improvements prior to the signing of the subdivision plat and, that as an alternative the applicant post a bond at the time of application for final subdivision approval in an amount estimated by the Planning Commission as sufficient to secure to the City the satisfactory construction, installation and dedication of the incompleted portion of required improvements. The performance bond shall also secure all lot improvements on the individual lots of subdivision as required in these regulations. -- B. Such performance bond shall comply ;with the require- ments of Sectio;z o9.~+10 0l t}le Re'viseii JtaLULes of Alissouri and shall be satisfactory to the City Attor- ney as to form, sufficiency and manner of execution as set forth in these regulations. The period ;with- in ;which required improvements must be completed shall be specified by the Planning Commission in the resolution approving the final subdivision plat and shall be incorporated in the bond and shall not in any event exceed t;vo (2) years from date of final approval. C. Such bond shall be approved by the Board of Aldermen as to amount and ;~~ith surety arYd conditions satis- factory to the Board of Aldermen. The Plannin;; -20- ay Commission may, upon proof of dif.f.iculty, recommend to the Board of Aldermen extension of the completion date set forth in such bond for a maximum period of one (1) additional year. The Board of Aldermen may at any time during the period of such bond accept a substi- tution of principal or sureties on the bond upon recommendation of -the Planning Commission. 3.1-3 Temporary Improvement - The developer shall build and pay for all costs of temporary improvements required by the Planning Commission, and shall maintain same for the period specified by the Plan- ning Commission. Prior to construction of any temporary facility or improvement, the developer shall file faith the City a separate suitable bond for temporary facilities, which bond shall insure that the temporary facilities twill be properly constructed, maintained and removed. 3.1-~ Costs of: Improvement - All required improvements shall be made by the applicant, at his expense, without reimbursement by the City or any improvement district therein. 3.1-5 Governmental Units - Governmental units to t~*hich these bonds and co~ltract provisions apply may file in lieu of said contract or bond, a certified resolution or ordinance from officers or agencies authorized to act in their behalf.,agreeing to comply t•,a.th the nrovi.sions of this Article. 3.1-6 Failure to Complete Improvements - Por subdivisions f02' R'h1Cii n0 pF'rUr]11ai1Ce bond has been posted, if the improvements are not completed ~~-ithin the peri- od specified by the Planning Commission in the resolution approving the plat, the approval shall be deemed to have expired. In those cases where a per- formance bond has been posted and required improve- ments have not been installed within the terms of such performance bond, the Board of Aldermen may thereupon declare said bond to be in default and require that all th:, improvements be installed re- gardless of the extent of the building development at the time the bond is declared to be in deL-ault. -21- ~3 3.1-7 Acceptance of Dedication Offers - Acceptance of formal offers of dedication of streets, easements and parks shall rest with the Board of Aldermen. The approval by the Planning Commission of a sub- division plat shall not be deeded to constitute or imply the acceptance by the City of any street, easement or park shown on said plat. The Planning Commission may require said plat to be endorsed with appropriate notes to this effect. 3.2 Inspection of Improvements 3.2-1 General Procedure and Fees - The Planning Commission shall provide for inspection of required improvements during construction and insure their satisfactory completion. The applicant shall pay to the City an inspection fee of two (20) percent of the amount of the performance bond or the estimated cost of required improvements, and the subdivision plat shall not be signed unless such fee has been paid at the time of application. Said fees shall be due and payable upon demand of the City and no building permits or certifi- cates of occupancy shall be issued until all fees are paid. If the City Engineer finds upon inspection, that any of the required improvements have not been constructed in accordance with the•.City's construction standards and specifications, the applicant shall be responsible for completing said improvements. Wherever the cost of improvements is covered by a performance bond, the applicant and the bonding company shall be severally and jointly liable for completing said im- provements. Wherever the cost of improvements is co~Tered by a performance bo~id, the applicant and the bonding company shall be severally and jointly liable for completing said improvements according to specifi- cations. 3.2-2 Release or Reduction of Performance Bond A. Certificate of Satisfactory Completion - The Board of Aldermen will not accept dedication of required improvements, nor release nor reduce a performance bond, until the City Engineer has submitted a certifi- cate stating that all required improvements have been satisfactorily completed, and until the appli- cant's engineer or surveyor has certified to the City Engineer through submission of detailed "as- built" survey plat of the subdivision indicating location, dimensions, construction materials and -22- ~d the dimensions and other information required by the Planning Commission or City Engineer that the lay-out of the line and grade of all public improvements is in accordance with the construction plans for the subdivision and that a title insurance policy has been furnished to and approved by the City Attorney ir_dicating that the improvements shall have been completed, are ready for dedication. to the City and are free and clear of any and all liens and encumbrances. Upon such approval and recommendation, the Board of Aldermen shall thereafter accept the improve- ments for dedication in accordance with the established procedure. B. Reduction of Performance Bond - A perform- ance bond shall be reduced upon actual dedication of public improvements and then only to the ratio that t}ie public improti-e- ments dedicated bear to the total public improvements for the plat. In no event shall a performance bond be reduced below twenty-five (250) percent of the principal amount. 3.3 Escrow Deposits for Lot Improvements - }`+hanever, by reason of the season of the year, any lot improvements required by the subdivision remulations cannot be performed, the Enforcement Officer may, nevertheless, issue a certificate of occupancy, proviued 'there is no danger to health, safety or general ~velfare upon accept- ing a cash escrow deposit in an amount to be determined by the City Engineer for the cost of said improvements. The performance bond covering such lot improvements .shall remain in full. force and effect. 3.3-1 Procedures on Escro~~r Pund - All required improve- ments for which escrow monies have been accepted by the Enforcement Officer at the time of issu- ante of a certificate of occupancy shall be in- stalled by the developer within a period of nine (9) months from the date of deposit and issuance of the certificate of occupancy. In the event that said improvements have not been properly in- stalled at the end of said time period the Enforce- ment Officer shall give t~ao (2) T,:eeks t•:ritten -23- ~~ notice to the developer requiring him tc install same, and in the event that same are not installed properly in the discretion. of the Enforcement Officer, the Enforcement Offi- cer may request the Board of Aldermen to authorize the City to proceed to contract out the work for the installation of the. necessary improvements in a sum not to exceed the amount of the escrow deposit. At the time of the issuance of the certificate of occupancy for which escro~~r monies are being deposited with the Enforcement Officer, the developer shall obtain and file with the Enforcement Officer prior to obtaining the certificate of occupancy a :notarized statement from the purchaser or .purchasers of the premises authorizing the Enforcement Officer to install the improvements at the end of the nine-month period in the event that the same have not been duly installed by the developer. 3.4 1%4aintenance of Improvements - The applicant shall be required to maintain all improvements on the individual subdivided lots and provide for snota removal on streets and sidewalks, if required, until acceptance of said improvements by the Board of Aldermen. 3.5 Deferral or Waiver of Required Improvements - The Plan- ning Commission may defer or waive at the time of final approval, subject to appropriate conditions, the provision of any or all such improvements as, in its judgment are not requisite in the interests of the public health, safety ar.1 general welfare, or which are inappropriate because of inadequacy or lack of connecting facilities. tiVhenever it is deemed necessary by the Planning Commission to defer the construction of any improvement required here- in because of incompatible grades, future planning, in- adequate or lack of connecting facilities, or for other reasons, the developer shall pay his share of the costs of the future improvements to the City prior to signing of the final division plat, or the developer may post a bond in- suring completion of said improvements upon demand of the City. 3.6 Issuance of Building Permits and ldhere a performance bond has been no certificate of occupancy for a division shall be issued prior to provements and dedication of same Certificates of Occupancy - required for a subdivision, ny building in the sub- the completion of the im- to the City, as required -24- ~~ in the Planning Commission's final approval of the sub- division plat. In general, the extent of said street improvement shall be adequate for vehicular acc<;ss by the prospecti.~'e occupant and b}• police and fire equip- ment, prior to the issuance of an occupancy permit. The developer shall at the time of the dedication sub- mit monies in escrow to the City in a sum determined by the City for the necessary final improvement of the street. No building permit shall (10%) percent of `lots in percent be less than two lots of a subdivision, u required by the. Planning been fully completed and be issued for the final ten a subdivision, or if ten (10%) (2) , for the final two (2) ntil all public improvements Commission for the plat have dedicated to the City. -25- ay ARTICLE IV REQUIRE:~tENTS FOR IAiPROVEMENTS, RESERVATIONS AND DESIGN 4.1 General Improvements 4.1-1 Conformance to Applicable Rules and Regulations - In addition to the requirements established here- in, all subdivision plats shall comply with the following laws, rules and regulations: A. All applicable provisions of the Aissouri Statutes. B. The City~Zoning Ordinance, building and housing codes, and all other applicable latas of the appropriate jurisdictions. C. The Official Comprehensive Plan, Major Highi~~ay Plan, Public Utilities Plan ctnd Capital Improvements I'ro~rar., of the City, including, all streets, drainage systems and parks shown on tite Major Eligh~~~ay Plan or Official Comprehensive Plan as adopted. D. The special requirements of these regula- tions and rules of the City Health Depart- ment. the Missouri State Board of Health and the Missouri Clean I9ater Control Board. E. The rules of the Misso~~ri State Highway Department if the subdivision or. any lot con~aiiied therein abutts ~ state i-~igl~.:ray or connecting street. F. The standards and regulations adopted by the City Highway Engineer and all Boards, Commissions, Agencies and Officials of the city. G. All pertinent standards contained within the planning guides published by the I~iid- America Regional Council. H. Plat approval may be withheld Yf a subdivision -26- ~o i s no : i n cep: ~or~? ity tc i th the above Ruides or polic}- and purposes of these regulations established in Section 1.4 of these regula- tions. 4.1-2 Self-Improved Restrictions - If the oianer places restrictions on any of the land contained in the subdivision greater than those required by the Zoning Ordinance or these regulations, such restrictions or reference thereto may be required to be indicated on the subdivision plat, or the Planning Commission may require that restrictive covenants be recorded with the County Recorder of Deeds in form to be approved by the City Attorney. 4.1-3 Plats Straddling btunicipal Boundaries - In gener- al, lot lines should be laid out so as not to cross municipal boundary lines. 4.1-4 Ronuments - The subdivider shall place permanent reference monuments in the subdivision as required herein and as approved by a registered Land Surve;,~or. Monuments shall be located on street right-or-way • lines, at street intersections, angle points of curve and block corners. They shall be spaced so as to be taithin sight of each other, the sight lines being contained taholly within the street limits. A. The external boundaries of a subdivision shall be monumented in the field by monuments of stone or concrete, not less than 30 inches in len,th, not less than four (~4) inches square or five (5) inches in diameter, and marked on top ::pith a cross, brass plug, iron rod or other durable material securely embedded; or by iron rods or pipes at least thirty (30) inches long and tt~~o (2) inches ir. dia~~eter. These moms- ments shall be placed not more th«n 1,:00 i-eet apart in any straight line and at all corners, at each end of all curves, at the point inhere a curve changes its radius, at all angle points in any line, and at all angle points along the meander line, said points to be not less than twenty (20) feet abck from the bank of any river or stream, except that when such corners or points fall within a street, or proposed future -27- street, the monwnents shall be placed in the side line of the street. B. All such mo~iuments shall be set flush ~•rith the ground and planted in such a manner that the}r ~1i11 not be removed by frost. C. All monuments shall be properly set in the ground and approved by a registered Land Surveyor prior to the time the Planning Commis- sion recommends approval of the final plat after final grading of streets, easements, etc. q.l-5 Character of the Land - Land t~~hich the Planning Commission finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth forma- tions or topogr~iphy, utility easements or other features which frill reasonably be harmful to the safety, health and general iaelfare of inhabitar_ts o:[ the land and surrcul.c?:ino areas s'^.all not be sub- clivided or developed unless adenuate methods are formulated by the developer and approved by the Planning Commission, upon recommendation of the City. Engineer, to solve the problems created by the un- suitable land conditions. Such land shall be set aside for such uses as shall not involve such a danger. 4.1-6 Subdivision Name - Tlie proposed name of. the sub- division shall not duplicate or too closely approxi- mate phonetically, the name•of any other subdivi- sion in the area covered ~y these regulations. The Planning Commission shall have final authority to designate the name of the subdivision 1~*hich shall be determined a'c sketcl~~ pla~i: app~ova~. X1.2 Lot Improvements 4.2-1 Lot Arrangement - The lot arranget~ent shall be such that there hill be no foreseeable difficulties, for .reasons of topograp}iy or other conditions, in securing buildinY permits to build on all lots in compliance t.~ith the Zoning Ordinance and City Health Department Regulations, and in providing drivei•;ay access to buildings on such lots from an approved street. 1.2-2 Lot llimensions - Lot dimensions shall comply ~•:ith the -28- ~~ mi:xi;~um standards of t}ie Zonino Ordinance. In general, side lot lines shall be at right ans;les to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front-y~~.rd setback from both streets. Depth and-width of properties reserved or laid- out for business, commercial or industrial pur- poses shall be adequate to provide for the off- street parking and loading facilities required f.or the type of. use and development contemplated, as established in the City Zoning Ordinance. X1.2-3 Double Frontage Lots and Access to Lots A. Double Frontage Lots - Double frontage and reversed rronta~;e lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. B. Access from Major and Secondar}* Arterials - Lots s}xall not, in general, derive access exclusively from a major or secondary street. Where driveway access from a major or second- ary street may be necessary for several adjoin- ing lots, the Planning Commission may require that such lots be served by a combined access !' 'l 'r c d^„ +^ 'im'* possiblo traffic 4; 1l'•C 1l1 1 lil l.V 1 1.. hazard on such street. 1~'here possible, drive- ways should be designed and arranged so as to avoid requiring vehicles to back into traffic on major or secondary arterials. 4.2-4 Soil Preservation, Grading and Drainage A. Soil Preservation and Final Grading - No certif- icate of occupancy shall be issued until final grading has been completed in accordance caith the approved final subdivision plat. -29- 33 B. Lot Drainage- Lots shall be laid out so as to provide positive drainage a~~*ay from all build- ings, and individual lot drainage shall be co- ordinated t~•ith the general storm drainage pattern for the area. Drainage shall be de- signed so as to avoid concentration of storm drainage water from each lot to adjacent lots. 4.2-5 Debris and 1Vaste - No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish, or other waste materials of any kind shall be buried in any land or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of same shall be required prior to issuance of any certificate of occupancy on a subdivision. Nor shall any be left or depos- ited in any areas of the subdivision at the time of expiration of the performance bond or dedication of public improvements, whichever is sooner. 4.3 Roads 4:3-1 General Requirements A. Frontage on Improved Roads - No subdivision shall be approved unless the area to be subdivided shall have frontage on and access from an exist- ing street on the Major Highway Plan, or if there be no D4ajor Highway Plan, unless such street is: (1) an existing state, county, or township high- way; or (2) a street shot~m upon a plat approved by the Planning Commission and recorded in the County Kecorder of Deeds' office. Such street or highway must be suitably improved as required by the Cii:y }Ligliway rules, regulations, specifica- tions or orders or be bonded by a performance bond required under these subdivision regulations, with the width and right-of-way required by these subdivision regulations or the ~•lajor Highway Plan. Wherever the area to be subdivided is to utilize existing road frontage, said road shall be suit- able improved as provided hereinabove. The Planning Commission shall further require that the entire right-of-way required by these sub- division regulations and the Aiajor Highi~lay Plan be dedicated to the City as a condition of final plat approval. -30- 3y B. Grading and Improvement Plan - Roads shall be graded and improved and conform to the City construction standards and specifications, and shall be approved as to design and specifications by the City Engineer, in accordance with the construction plans rer~~xired to be submitted prior to final plat approval. C. Topography and Arrangement: (1_) Roads shall be related appropriatly to the `topography. Local roads shall be curved wherever possible to avoid conformity of lot appearance. All streets shall be arranged so as to obtain as many as possible of the building sites at, or above ,. the grades of the streets. (2) Grades of streets shall conform as closely as possible to the original topography. A com- bination of steep grades and curves shall be avoided. Specific standards are contained in the design standards of these regulations. (3) All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated rights-of-way as established on the Major.Highway Plan or Official Master Plan. (4) All thoroughfares shall be properly related to special traff~:, generators such as in• dustries, business districts, schools, churches and shopping centers; to population densities; and to the pattern of existing and proposed land-uses. (5) h-finor or local streets shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property. (6) The rigid rectangular gridiron street pattern need not necessarily be adhered to, and the use of curvilinear streets, cul-de-sacs, or U-shaped streets shall be encouraged where such use -•~ill result in a more desirable layout. -31- ~a~ (7) Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless in the opinion of the Planning Commission such extension is not necessary or desirable for the coordina- tion of the layout of the subdivision with the existing layout or the most advantageous future development or adjacent tracts. (8) In business and industrial developments, the `streets and other accessivays shall be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian. D. Blocks (1) Blocks shall have. sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets, railroads or waterways. (2) The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contem- plated, but block lengths in residential areas shall not exceed two thousand two hundred (2,200) f,et or twelve (12) times the minimum lot ~vidth required in the zoning district, nor be less than four hundred (400) feet in length. 11'henever practicable, blocks along major arterials and collector streets shall be not less than one thousand (1,000) feet in length. (3) In long blocks the Planning Commission may require the reservation of an easement through the block to accommodate utilities, drainage facilities or pedestrial traffic. Pedestrian- ways or crosswalks, not less than ten (10) feet • wide, may be required by the Planning Commission through the center of blodks more than eight hundred (800) feet long where deemed essential -32- ~6 to proti-ide circulation or access to schools, pl~:;~~rounds, shopping centers, transportation or other community facilities. (=~) Blocks designed for industrial uses shall be of such length and width as may be determined suitable by the Planning Commission for pro- spective use. E. Access to Primary Arterials - jdhere a subdivision borders on or contains an existing or proposed primary arterial, the Planning_Commission may re- quire that access to such streets be limited by one of the following means: - (1) The subdivision o-c lots so as to back onto the major arterial and front onto a parallel local street; no access shall he provided from primary arterial and screening shall be pro- vided in a strip of Land along the rear property line of such lots. (2) A series of cul-de-sacs, U-shaped streets, or short loops entered from and designed generally at right angles to such a parallel street, 1•;ith the rear lines of their terminal lots backing onto the major arterial. (3) A marginal access or service road (separated from the primary arterial by a planting or grass strip and having access thereto at suit- able points). (4) The nur:~ber of residential or local streets e1-t (?:^lS'1 f: '1 -'~r ir.n V. +n.,.: nl rl.nll l.n L,\-. ~• -.-.. -~--tj i+ .Aly ul .. \i1141 J114.11 V\i J\\. ~/l. 4V a miminum. F. Road Names - The sketch plat as submitted shall not indicate any names upon proposed streets. The Planning Commission shall name all roads at the tir;,e of preliminary approval. The local postmaster shall be consulted prior to such naming. Names shall be sufficiently different in sound and in spelling from other road names in the City so as not to cause confusion. A road which is or is planned as a continuation of an existing road shall bear the same name. -33- ~~ G. P.oad l:eg;ulatory- Signs - T}tc subdivider shall deposit t•;ith the City at the time of final sub- division approval the sure of Fifty ($50.00) Dollars for each road sign required by the City Engineer at all road intersections. The City sh~.11 ? :. ;?.~~.11 all raod signs before issuance of certi~~cc~-~s of occupancy for any residence on the streets approved. Street name suns are to be placed at all intersections within or abutting; thesubdivision, the type and location of which to be approved by the City Engineer. H. Street Lights - Street lights shall be required to be instilled in accordance e~ith design. and specifi- cation standaxds approved by the City Engineer. 1. Reserve Strips - The creation of reserve strips adjacent to a proposed street in such a manner as to deny access from adjacent property to such street shall not be permitted. J. Construction of Roads an d. Dead-End Roads: (1) Construction o~ P.oads - 1'he arrangement of streets shall provide for the continuation of principal streets bett•:een adjacent pro- perties when such continuation is necessary for convenient movement of traffic, effec- tive fire protection, for efficient provision o.f utilities, and where such continuation is in accordance t•;ith the City- plan. If the ad j ac.ent pronerr.y ; s un.dev~lopecl, and the, street rutst be a .e ad-end street temporarily, t}ie right-of-t~;ay shall be extended to the proyeri:y iin::. N temporai•}~ K- oi• i.-shaped turnabout shall be provided on all temporary dead-end streets, t~:ith the notation on the subdivision plat that land outside the normal street right-of-way shall re~_ert to abuttors whenever the street is continued. The Plan- ning Commission may limit the length of temporary dead-end streets in accordance with the design standards of these regulations. (2) Dead-End Roads (Permanent) - r1 cul-de-sac turnaround shall be provided at the end of a permanent dead-end strut in accordance t. i t}t C~i ty Construction s tandards and SpeClLlcailOi>>. ' ~34- ~8 4.3-2 Design Standards A. General - The following design standards for roads are hereby required (Ro~.d classification may be indicated on the blaster Plan, or i~iaj or Highway Plan; otherwise, it shall be determined by the Planning Commission). B. Road Surfacing and Improvements - The subdivider shall .consl:ruct curbs and gutters and shall surface or cause to be surfaced roadways to the taidths prescribed in these regulations. Said surfacing shall be of such character as is speci-fled by Ordinance of the City. C. All road pavement, shoulders, drainage improve- . ments and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications adopted by the Plan- . ning Commission, City Engineer or Board of Aldermen and shall be incorporated into the construction plans required to be submitted by the developer for plat approval. D. Excess Right-of-Iv'ay - .Right-of-tVay widths in excess of the standards designated in these regulations shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. .Such slopes shall not be in excess of three to one. E. Railroads and Limited Access Hightivays - Railroad right-of-way and Iimitd access highways where so located as to affect the subdivision of adjoin- ing 1a.nds shall. h? ~.reate~l ac foll_oios; Tn. residential districts a buffer strip at least twenty-five (25) foot is dept : ii, addltlotl to the normal iiepi.h, of the lot required in the district shall be provided adjacent to the railroad right-of-i•ray or limited access hgihway. This strip shall be part of the platted lots and shall be designated on the plan: "This strip is reserved for screening. The place- ment of structures hereon is prohibited." F. Intersections (1) Streets shall be laid out 'so as to intersect as nearly as possible at right angles. A -35- ~~ :~ox- DEVELOPMENT DENSITY RESIDENTIAL Business/ j~'NPROV ~'~ST Low Medium High Industrial Minimum Width Right-Of-Way ocal oa SO' S0' 60' S0' Collector Road SO' 60' 70' 60' Secondary Arterial 60' 80' 80' 80' , Primary Arterial 80' 80' 100' 100' Minimum iVidth Traveled Route oca oa 28' W/S* 30' W/C** 32' W/C* * 30' W/C** Collector Road 28' W/S 32' 1V/C 32' W/C 40' W/C Secondary Arterial 28' W/S 40' N/C 44' W/C 44' iV/C Primary 'Arterial 44' W/S 48' W/C 48' W/C 48' W/C Maximum Grade ocal~a~- 10$ 10$ 8$ 6$ Collector Road 8$ 8$ 8$ 6$ Secondary Arterial 6$ 6$ 6$ 5$ Primary Arterial - 6$ 6$ 6$ S$ Minimum Grade 1$ 1$ 1$ 1$ Minimum Radius of Curve ocal Roa 100' 100' 100' 200' Collector Road 100' 100' 100' 200' ' Secondary Arterial 300' 300' 300' 400' Primary Arterial 500' 500' 500' 500' Minimum Len th of Vertical Curve s ocal Roa 100' but not less than 20' for~each algebraic d ifference in grade Collector Road 100' but not less than 20' for each algebraic d ifference in grade Secondary Arterial 200' but not less than 50' for each 1% Primary Arterial 300' but not less than 50' for each algebraic d ifference in grade Minimum Len th of Tan ents Betwe en Reverse Curves ocal Roa 100' 100' 150' ~ 200' Collector Road 100' 100'' 150' 200' • Secondary Arterial 200' 250' 250' 300' Primary Arterial 300' 300' 350' 400' Minimum Si ht Distance oca Roa 200'. 200' 20Q' 2~0' Collector Road 200' 240' 240' 250' Secondary Arterial 275' 275' 500' 500' Primary Arterial 275' 275! 500' 500' Intersection Across C orners--7 5' Back Intersection Minimum Turnarrund oca oa s Right-of-iVay Diameter 120' 120' 140' 160' .. Pavement 100' 100' 120' 140' Center Island Diameter (If Required) 40' 40' S0' 60' Design Speed ' oda~oad-s 25 MPH 30 MPH 30 b1PH. 30 MPH Collector Roads 3b b[PH 35 DIPH 35 ~IPH 35 DIPH Secondary Arterial ~ 40 MPH 40 MPH 40 MPH 40 b1PH Primary Arterial 40 EfPH 40 MPH 40 htPH 50 MPH Maximum Lengxh of Cul-De-Sac ermanent Six times min imum lot width , serving no more than fourteen (14) families and not exceeding S00 feet in length. Temporary Twelve times minimum lot wi dth, serv ing no more than twenty-five (25):families and not excee ding 1,000 feei~ in length. Minimum Radius at Right-of-Way 25 25 30 30. Pavement 25 25 30 30 *With Shoulders (Roll Type Curb) **With Curbs (Concrete Vertical Firm Curbs) -36- ifG proposed intersection o:E two (2) netia streets at an angle of less than seventy-five (75) degrees shall not be acceptable. An oblique street should be curved approach§_ng an inter- section and should be approximately at right angles for at least one hundred (100) feet therefrom. Not more than tn~o (2) streets shall intersect at any one point unless speci- fically approved by the Planning Commission. (2) Proposed ne~•r intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with center-line offsets of less than 150 feet shall not be permitted, except inhere the inter- - sected street has separated dual drives iaithout median breaks at either intersection. l~ihere streets intersect major streets, their alignment shall be continuous. Intersections of major streets by other streets shall be at least eight hundred (S00) feet apart. (3) 2~linirtum curb radius at the intersection of two (2) local streets shall be at least twenty (20) feet; and minimum curb radius at an intersection involving a collector street shall be at least trrent~~-five (25) feet. f~lley intersections and abrupt changes in alignr:.ent within a block shall have the corners cut off in accordance with standard engineering practive to permit safe vehicular movement. (4) Intersections shall be designed with a flat. grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater t}ion tyro (2) percent rate for a distance of silty (60) feet, measured from the nearest right-of-way line of the intersecting street. (5) }4here any street intersection ~•rill involve earth banks or existing vegetation inside an}' lot corner that i•:ould create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation (including trees) in connection faith the grading o:E the public runt-of-:gay to the,extent deemed necessary to pro vide an adequate sight distance. -37- ~!% (6) The cross-slopes on all streets, including intersections, shall be three (3~) percent or less. G. Bridges - Bridges of primary benefit to the developer, as determined by the Planning Com„is- sion, shall be constructed at the full expense of the developer irithout reimbursement from the City. The sharing expense for the construction of bridges not of primary benefit to the developer as .determined by the Planning Commission will be fixed~by special agreement between the and the .developer. Said cost shall be charged to the developer pro rata as the percentage of his land developed and so served. 4.3-3 Road Dedications and Reservations A. 1\ei•; Perimeter Streets - Street systems in new subdivisions shall be laid out so as to eliminate or avoid nei•r perimeter half streets. l~;here an exist:ing half street is adjacent to a nes~r sub- division, the other half of the street shall be improved and dedicated by the subdivider. The Planning Commission may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right-of-i•:ay width within his oivn subdivision boundaries. B. lidening and Realignment of Existing Roads - l~'here a subdivis i.on borders an existi.na n.a.rroia road ox when the Comprehensive Plan, Major Highway Plan or zoning setbacl: regulations indicate plans :for re- ali~iii:;Eii~ ut lJluaut!!b Ut d Luau iatdt 1•iuti.L~l iciiuii0 use of some of the land in the subdivision, the sub- divider shall be required to improve and dedicate at his expense, such areas for iridening or realignment of such roads. Such frontage roads and streets shall be improved and dedicated by the developer at his own expense to the full r;idth as required by these subdivision regulations. Land reserved for any road proposed may not be counted in satisfying yard or area requirements of the Zoning Ordinance, -•rhether the land is to be dedicated to the City in fee simple or an easement is granted to the City. ~38- y~ 4.4 Drainage s.nd Storm Sewers 4.4-1 4.4-2 General Requirements - The Planning Commission shall not recommend for approval any plat or subdivision which does not make adequate provision for storm or flood water runofstemashall be separate and independent water drainage sy of any sanitary sewer system. Storm sewers, ~~~here required, shall be .designed by ttherPlanningmCommission, or other methods as approved by and a copy of-design computations shall be submitted along with plans. 1Vhen calculointnsnonfurthertallowanbe capacities are exceeded at a P oint and basins shall be made for flow beyond that p shall be used to intercept flotia at that point. Surface water drainage patterns shall be shown for each and every lot and block. Nature of Storm Water Facilities A. Location - The developer may be required by the Planning Commission to carry away by pipe or ~~approved method" any spring or surface grater that may exist either previously to, or as a result of the subdivision. Such drainage facili- ties shall be located iertetualaunobstru~teday where feasible, T°,o riape pidth, and shall be con- easements of app P strutted in accoedificationstas establishednby standards and sp the City Engineer. B. Accessibility to Public Storm Sewers '~ accessible, (1) ;Vhere a public stor:^ sewer ~-. the developer shall install storm se~~~er facilities, or if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of storm waters, subject to the specifications of the City Engineer. Ho«~ever, in subdivisions containing less than 15,000 square feet in area, and in business and industrial dis- tricts, underground storm sewer systems bout the sub- • shall be constructed throuo roved divisions and be connecated to an aPP out-fall. Inspe~le°City EngineereS shall be conducted by -39- ~3 (?) I-E a cor.r.ection to a public storm se*rer 1:'ill be provided eventually, as deterr.iaed by the Clty I1 P_`{1T1C:1i Oi.Cl lI:<' P1cnP_1P_`= COi:?a1SSlOi!, i. }: `; developer shall make arrangements for future storm ~~rater disposal by a public utility sys- tem a't the time the plat receives final approval. Provision for such connection shall be incor- porated by inclusion in the performance bond .required for the subdivision plat. C. Accommodation of Uastream Drainage Areas - A culvert ". or other drainage facility shall in each case, be large enough to accommodate potential runoff from its empire upstrear:i drainage area, whetter inside or outside the subdivision. The City Engineer shall determine the necessary size of the facility, based on the provisions of the construction standards, and specifications assuming conditions of maximum poten- tial watershed development permitted by the Zoning Ordinance. D. Effect on Downstream Drainage Areas - The"City Engi- neex shall also study the effect of each sttbditi•ision on existing do.rnstrea;:: drainage facilities outisde the area of the subdivision. City drainage studies, together t~~ith such other studies as shall ,be appropri-' ate, shall serve as a ruicle to needed improvements. 1Vhere it is anticipated that the additional runoff incident to the development of the subdivision Trill overload an existing doianstream drainage facility, the Planninb Commission may withhold approval of the subdivision until provision has been made for the improvement of said potential condition in such sum s-~.n T)l r. f'.-.m r:nr ~•~ ^1 1. '.-. •r ay..n i'.i ;~ ~•;v sL.4L .. a~ ~fi~: r ialiiliia~ ...~a„u1iS.~y..,i aiiu-« <••~+-~-s.•+••~ division shall be apprued unless adequate drainage will be provided to an adequate drainage i•ratercourse or facility. E. Areas of Poor I)raina~e - l';henever a plat is submitted for an area :;Inch i.s subject to stream overflow ir_ terms of hijh ~:ater, the Planning Com:::ission may approve such subdivision provided that the subdivi;ler fills the affected area of said subdivision. to an elevation suf~icient to place the ele~~ation of streets and lots at a minimu~a o;- twelve (12) inches above tiro elct-ation of the rtaxi~-!urn probable flood, as deterrtin:.~d by the City. Suet plat of such sub- divisa.on shall nro~'ide fbr :~.n o~=erfloc:~ :.one aloi.g -40- ~~ the ba;I':: of any str~c_;n or t•:atcrcours:c, in a <<i.dth nhi.ch shall be sufficient in times of high t.~ater to contain or move the t:~atcr, and no -fill shall be placed in said overfloiJ zone nor shall any struc- ture be erected or placed therein. The boundaries of such overflot•: zone shall be determined by-the Professional Engineer, subject to approval by the City Engineer. Areas of extremely poor drainage should be discotrra~ed. F. Flood Plain Areas - The Planning Commission, may ~Jherirt deems it necessary far the health, safety or welfare of the present and future population of the areas and necessary to t}te conservation of iaater, drainage and sanitary facilities, prohit,it the stbdivision of any portion of the property -~~hich lies i~*it}tin the flood plain of any stream or drainage course. These flood plain areas shall be preserved from any and all destruction or damage resulting from c1~-?ring, grading or dumping of earth, haste material or stumps, except at the dis- cretion of the I%lanning Commission. 4.4-3 Dedication of Drainage Easements A. General P.equirement - l5'here a subdivision is trans- versed by a iJatercourse, drainage:,Jay, channel or stream, there shall be provided a storm t~,ater easement or drainage right-of-~•;ay confor?irg sub- stantially to the lines of such watercou-ise, and of suc]i t~~idth and construction or both as iJlll be adequate fGr the ilrrpOSC. iVherC'.Ver pOSSl'uic^^, It is desirable that the ,:rainage be maintained b;r an open channel with landscaped banks and adequate iildt}1 fUI' Tita~i"lII:U:~'.l )O teTl'tla'1 VUlUT112 Uf L'1UtJ. L. Drainage Easements (1) It"here topography or other conditions are such as to make impractical the includion of drain- age facilities i~iit}rin road rights-of-way, per- petual unobstructed easer:ents at least fifteen (15) feet in ~•;idth for such drainage facilities shall be provided across property outside t}~e road lines and 1Jith satisfactory access to the road. Easer.:ent shall be indicated on the plat. -41- Y~ Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities. (2) l~Vhen a proposed drainage system ~aill carry water across private land outside the sub- division, appropriate drainage rights must be secured and indicated on thF plat. (3) The applicant shall dedicate, either in fee or by drainage or conservation, easement land on both sides of existing watercourses, to a distance to be determined by the Planning Commission. (4) Low-lying lands along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and re- tained in their natural state as drainage ways. Such land or lands subject to periodic flooding shall not be computed in determining the number of lots to lie utilized for average density procedure, nor for computing the area requix•ement of any lot. 4.5 Water Facilities 4.5-1 General Requirements A. Necessary action shall be taken by the developer to extend or create a water-supply district for the purpose of provic',.i~-g a water supply system capable of providing domestic <<~ater use and fire protection. B. SVhere a public taater main is accessible, the sub- divider shall install adequate water facilities (including fire hydrants) subject to the specifi- cations of the D4issouri.Division of Health and the Missouri Inspection Bureau. All water mains shall be at least six (6) inches in diameter in high density and medium density districts. In all other districts, mains shall be of adequate diameter to properly serve the residents. C. 1~'ater main extensions shall beyapproved by the Missouri State P,oard of Health or their officially designated agency. -42- 5~ D. To facilitate the above, the location of all firs hydrants, all grater supply improvements. and the boundary lines of proposed d:istrict~, indicatir.r; all improvements proposed to be served, shall be shown on the preliminary plat, and the cost of installing same shall be included ir,. the perform- ance bond to be furnished by the developer. 4.5-2 Fire Hydrants - Fire hydrants shall be required for all subdivisions in accordance with the specifications of the City. _ 4.6 Setaerage Facilities 4.6-1 General Requirements - The subdivider shall install sanitary sewer facilities in a manner prescribed by the City construction standards and specifications. All plans shall be designed in accordance with the rules, regulations and standards of the City Engineer, City ~-Iealth Department, and the Diissouri Clean Plater Board. Plans shall be approved by the above agencies. Necessary action shall be taken by the developer to extend or create a Sanitary Sewer District for the pur- pose of providing sewerage facilities to the subdivision, where no district exists for the land to be subdivided. 4.6-2 High Density F.esidential and Non-Residential Districts - Sanitary se-vrerage facilities shall connect with public sanitary seirerage systems. Selrers shall be installed to serve each lot and to grades and sizes required by approving officials and agencies. No individual dis- posal system or treatment plants (p•rivate or group disposal systems) shall be permitted. Sanitary- setrer- age facilities (including the installation of laterals in the right-of-bray) shall .be subject to the specifi- cations, rules, regulations and guidelines of the City Health Officer, Riissouri Clean Prater Board, and the City Engineer. 4.b-3 Low and Medium Density Residential Districts - Sanitary seicerage systems shall be constructed as follotas: E\. l'ihere a public sanitary seweraje system is reason- ably accessible the subdivider shall connect with the same and provide selrers accessible to each lot in the subdivision. B. Pih.ere public sanitary se~rerage systems are not reasonably accessible but rrill~become available ~rithin a reasonablc time (not to exceeu fifteen- 15-years), the subdivider ma}r choose one of the follo~~ing alternatives. -43- f7 (1 ) Central S^~reraRe S.-ste; - The maintenance cost to be assessed against each property benefited. }Where plans for future public sewerage systems exist, the developer shall install the sever lines, laterials and mains to be in permanent conformance with such plans and ready for connection to such public sewer mains; or (2) Individual Disposal Systems - provided the sukdivider shall install sanitary sewer lines, .- laterals and mains from the street curb to a point in the subdivision boundary where a future connection with the public sewer shall be made. Sewer lines shall be laid from the house to the street line and a connection shall be available in the home to connect from the individual disposal system to the server system when the public sewers become available. Such sewer systems shall be capped until ready for us use and shall conform to all plans for install- ation of the public setiver main. C. }Vhere sanitary sewer systems are not reasonaoly accessible and ~.,•iil. not i.ecome availlbi.e for a period. in excess of fifteen (15) years, the sub- divider may install a sewerage system as follows: (1) D4edium Density Residential Districts - A central sewerage system only. No individual disposal system will be permitted. }Vhere plans exist for a public sewer system to be built for a period in excess of fifteen (15) years,' the developer shall install all server lines, laterials and mains to be in permanent conform- ance with such plans and ready for connection to such public sewer main (2) Low Density P.esidential District - Individual disposal systems or central sewerage systems shall be used. 4.6-4 ~~andatory Connection to Public Server System - If a public sanitary sewer is accessible and a sanitary sewer is placed in a street or alley, abutting upon property, the o~•mer thereof shall be rec}uired to con- nect to said server for the purpose of disposing -44- ~~ of waste and it shall be unlawful for any such owner or occu;~~;.t to r.:~>int~ i.i t:non un}• s~:ch proper t;• an individual sewage disposal system. 4.6-5 Individual Disposal System Requirements - If public sewer facilities are not available, and individual disposal systems are proposed, minimum lot areas shall conform to the requirements of t}ie Zoning Ordi- nance and percolation tests zr_ri test holes shall be made as directed by the City Health Officer and the results submitted to the Health Departure;it. The individual disposal system, including the size of the septic tank and size of the the field or other secondary treatment device shall also be approved by the City Health Officer. 4.6-6 Design Criteria for Sanitary Servers A. These design criteria are not intended to cover extraordinary situations. Deviations will be allowed and may be required in those instances where considered justified by the City F.n~ineer. B. Design Factors - Sanitary sewer systems should be designed for tl:e ultimate tributary population. Due consideration should be give~i to current zoning regulatioTis and approved planning and zoning reports where applicable. -Sewer capacities should be ade- quate to handle the anticipated maximum hourly quantity of se:vera~e together with an adequate allo:•rance for infiltration and other extraneous flow. The unit design flows presented hereinafter should be adequa'>e in each case for the particular type of development inc?.sated. Sewers shall b^ designed for the total tributary area using the follo:~.*ing criteria: - Or_e and T:vo Fariily .D:vellings .02 cubic feet per second (c.f.s.)/ acre - Apartments One and Two Story .02c.f.s./acre Three through Six-Story .03c.f.s./acre - Commercial Small Stores, Offices and Miscellaneous Business .02c.f.s./acre Shopping Centers .02c.f.s./acre - High P.ise As directed by_ City Engineer Industrial As directed by City Engineer -45- iy These design factors shall apply to watersheds of 300 acres or less. Design factors for water- sheds larger than 300 acres and smaller than 1,000 acres shall be computed on the basis of a linear decrease from the applicable design factor for an area of 300 acres to a design factor of .O1 c.f.s./ acre for'an area of 1,000 acres unless otherwise directed by the City Engineer. Design factors for watersheds larger than 1,000 acres shall be .O1 c.f.s./acre unless otherwise directed by the City Engineer. C. Minimum Size - No public sewer shall be less than eight (8) inches in diameter. D. Minimum Slope - All sewers shall be designed to give mean velocities when flowing full of not less than 2.7 feet per second. All velocity and flow calculations shall be based on the Manning Formula using an N value of 0.013. The design slopes shall be evenly divisible by four (4). The following slopes shall be minimum for the. size indicated: MINIMUM SLOPE IN FEET SEINER SIZE PER 100 FEET g" 0.60 10" 0.44 12" 0.36 15" 0.28 18" 0.24 21" 0.20 24" 0.16 Exceptions to these minimum slopes shall be made at the upper end of lateral sewers serving under thirty (30)~houses. Said sewers shall leave a minimum slope of 0.76x. Where lateral sewers serve less than ten (10) houses, the minimum slope shall not be less than lo. E, Alignment - All sewers shall be laid with straight alignment between manholes, unless otherwise directed or approved by the City Engineer. -46- .~ F. Manhole Location - Danholes shall be installed at the end of each line; at all changes in grade, size or alignment; at all intersections; and at distances not greater than 400 feet for sewers 15 inches and smaller, and 500 feet for sewers 18 inches in diameter and larger. G. Manholes - The difference in elevation between any incoming sewer and the manhole invert shall not exceed 12 inches except where required to match crowns. The use of drop manholes will require approval by the City Engineer. Inside drop manholes will require special consideration; however, in no case shall the minimum clear dis- tance be less than indicated above. tiVhen a smaller sewer joins a larger-one, the crown of the smaller sewer shall not be lower than that of the larger one. The minimum drop through manholes shall be 0.2 feet. H. Sewerage Locations - Sanitary sewers shall be located within street or alley rig;its-of-way unless topography dictates otherwise. When located in easements on private property, access shall be to all manholes. A manhole shall be provided at each street or alley crossing. End lines shall be extended to provide access from street or alley right-of-way where possible. Imposed loading shall be considered in all loca- tions. Not less than six (6) feet of cover shall be provided over top of pipe in street and alley rights-of-way or three (3) feet in all other areas. I. Cleanouts and Lampholes - Cleanouts and lampholes will not be permitted. J. Water Supply Inter-Connections - There shall be no physical connection between a public or private. potable ~•.~ater supply system and a sewer which will permit the passage of any sewage or polluted water into the potable supply. Sewers shall be kept removed from water supply wells or other water supply sources and structures. K. Relation of Sewers to Water Mains - A minimum hori- zontal distance of ten (10) feet shall be maintained between parallel water and sewer lines. At points where sewers cross water mains, 'the sewer shall be -47- a~ constructed of case iron pipe or encased in concrete for a distance of ten (10) feet in each direction from the crossing, measured perpendicular to the water line. This will not be required when the water main is at least two (2) feet above the sewer. 4.7 Sidewalk 4.7-1 Required Improvements - Where sidewalks are required, the following regulations shall apply. A. Sidewalks shall be included within the dedicated non-pavement right-of-way of all roads as shown below: Development Density Non-Residential Nature of Road Low Medium High Business-Industrial Local Road Optional* Both Sides Both Sides Both Sides 4' Wide 5'•Wide 6' Wide Collector Road Optional** Both Sides Both Sides Both Sides 5' Wide 5' Wide 6' Wide Secondary Arterial Optional** Both Sides Both Sides Both Sides 5' Wide 5' Wide 6' Wide Primary Arterial Both Sides Both Sides Both Sides Both Sides 5' Wide 5' Wide 5' Wide 6' Wide Optional, but where provided 4! minimum on either side of road with concrete curbs. ~~*Optional, but where provided S' minimum on either side of road with concrete curbs. B. Concrete curbs are required for all roads where sidewalks are required•by these regulations or where required in the discretion of the Planning • Commission. C. Sidewalks shall be improved as required in Section 4.3-2 (B) of these regulations. A median strip of grassed or landscaped areas atJ least two (2) feet wide shall .separate all sidewalks from adjacent curbs. -48- ~~ 4.7-2 Pedestrian Accesses - The Planning Commission may require, in order to facilitate pedestrian access from roads to schools, parks, playgrounds or other nearby roads, perpetual unobstructed easements at least twenty (20) feet in width. Easement shall be indicated on the plat. 4.8 Utilities 4.8-1 Location.- All utility facilities including but not limited to gas, electric power, telephone and CATV cables shall be located underground throughout the subdivision. Wherever existing utility facilities are located aboveground, except where existing on public roads and right-of-way, they shall be removed and placed underground. All utility facilities exist- ing and proposed throughout the subdivision shall be shown on the preliminary plat. Underground service connections to the street property line of each platted lot shall be installed at the subdivider's expense. At the discretion of the Planning Commission, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use. 4.8-2 Easements A. Easements centered on rear lot lines shall be provided for utilities (private and municipal); such easements shall be at least ten (10) feet wide. Proper coordination shall be established between the subdivider and the applicable utility companies for the establishment of utility ease- ments established in adjoining properties. B. Where topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, perpetual unobstructed easements at least ten (10) feet in width shall be provided along side lot lines with satisfactory access to the road or rear lot lines. Easements shall be indicated on the plat. 4.9 Public Uses 4.9-1 Parks; Playgrounds and Recreation areas A. Recreation Standards - The Planning Commission shall require that land be reserved for 'p arks -49- ~3 and playgrounds or other recreation purposes in locations designated on the Master Plan or other- wise where such reservations would be appropriate. Each reservation shall be of suitable size, dimen- sion, topography and general character, and shall have adequate road access, for the particular purposes envisioned by the Planning Commission. The area shall be shown and marked on the plat "Reserved for Park and/or Recreation Purposes." When recreation areas are required, the Planning, Commission shall determine the number of acres to be reserved on the basis of providing 3.5 acres of recreation areas for every one thousand (1,000) persons. The Planning Commission may refer such. proposed reservations to the City official or department in chaxge of Parks and Recreation for recommendation. The developer shall dedicate all such recreation areas to the City as a condition of final subdivision plat approval. B. Minimum Size of Park and Playground Reservations - In general, land reserved for recreation purposes shall have an area of at least four ('4) acres. When the percentage from the above would create less than four (4) acres, the Commission may re- quire that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. In no case shall an area of less than two (2) acres be reserved for recreation purposes if it will 'be impractical or impossible to secure additional lands in order to increase its area. Where recreation land in any subdivision is not reserv°d, or the land reserved is less than the percentage in Section 4.9-1 (A) the provisions of Section 4.9-1 (D) shall be applicable. C. Recreation Sites - Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield or other recreational purposes, and shall be relatively level and dry; and shall be improved by the devel- . oper to the standards required by the Planning Commission, which improvements shall be included in the performance bond. -50- ~~ D. Alternative Procedure: bfoney in Lieu of Land - {Vhere, with respect to a particular subdivision, the reservation of land required pursuant to this section does not equal the percentage of total land required to be reserved in Section 4.9-1(A), the Planning Commission shall require prior to final approval of the subdivision plat that the applicant deposit with the Board of Aldermen a cash payment in lieu of land reservation. Such deposit shall be placed in a Neighborhood Park and Recreation Improvement Fund to be established by the Board of Aldermen. Such deposit shall be used by the City for improvement of a neighborhood park, playground or recreation area including the acquisi- tion of property. Such deposit must be used for facilities that will actually be available to and benefit the persons in said subdivision and be located in the general neighborhood of the sub- division. The Planning Commission shall determine the amount to be deposited based upon the acres of recreation area required multiplied times the cost per acre of land in that area. E. Applicability to Land Utilizing Average Density - Any subdivision plat in which the principle of average density or flexible zoning has been utilized shall not be exempt from the provisions of this section, except as to such portion of land which is actually dedicated to the City for park and recrea- tion purposes. If no further area, other than the areas to be reserved through averaging, is required by the Planning Commission, the full fee shall be paid as req'ired in Section 4.9-1(D). If further land is required for reservation, apart from that reserved by a'J@rag3ng, credit shall be given as provided by Section 4.9-1(D). F. Other Recreation this section are paragraphs above a developer from purposes in addi section. Reservations - The provisions of minimum standards. None of the shall be construed as prohibiting reserving other land for recreation tion to the requirements of this 4.9-2 Other Public Uses A. Plat to Provide for Public Uses - Except when a developer utilizes planned unit development or density zoning, in lahich land is set aside by the developer as required by the provision of the -51- .ss Zoning Ordinance, whenever a tract to be sub- divided includes a school, recreation uses (in excess of the requirements of Section 4.9-1) or other public uses as indicated on the Official Master Plan or any portion thereof, such space shall be suitably incorporated by the developer into his sketch plat. After proper determination of its necessity by the Planning Commission, and the appropriate City official or other public agency involved in the acquisition and use of each site and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the developer into the preliminary and final plats. B. Referral to Public Body - The Planning Commission shall refer the sketch plat to the public body concerned with acquisition for its consideration and report. The Planning Commission may propose alternate areas for such acquisition and shall allow the public body or agency 30 days for reply. The agency's recommendation, if affirmative, shall include a map shoiaing the boundaries and area of the parcel to be acquired and an estimate of the. time required to complete the acquisition. C. Notice to Property Owner - Upon receipt of an affirmative report the Planning Commission shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body. D. Duration of Land Reservation - The acquisition of land reserved by a public agency on the final plat shall be initiated within 12 months of noti- fication, in writing, from the owner that he intends to develop the land. Such letter of intent shall be accompanied by a sketch plat of the proposed development and a tentative schedule of construction. Failure on the part of the pub- lic agency to initiate acquisition within the prescribed 12 months shall result in the removal of the "reserved" designation from the property • involved and the freeing of the property for development in accordance with said regulations. -52- ~6 4.10 Preservation of Natural Features and Amenities - .Existing features iahich ~~~ould add value to residential development or to the City as a tti~hole, such as trees, as herein defined, watercourses and falls, beaches, historic spots and similar irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any sub- division nor any change of grade of the land effected until appro~ral of the preliminary plat has been granted. All trees on the plat required to be retained shall be preserved, and all trees ti~here required, shall be welled and protected against change of grade. The sketch plat shall shoti•~ the number and location of existing trees ad required by these regulations, and shall further indicate all those marked for retention, and the location of all proposed shade trees required along the street side of each lot as required by these regulations. 4.11 Non-Residential Subdivisions 4.11-1 General - If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision tiaith respect to such land shall make such provisions as the Planning Commission may require. A non-xesidential subdivision shall also be subject to all the requirements of these regulations, as well as such additional standards required by the Planning Commission and shall conform to the pro- posed land-use and standards es~tabl:i.shed in the i•4aster Plan, Dlajor Itighti~ay Plan and Zoning Ordinance. 4.11-2 Standards - In addition'to the principles and stand- ards in these regulations, which are appropriate to the planning of all subdivisions, the subdivider steal"1 demonstrate to the satisfaction of the Commis- sion that the street, parcel, and block pattern is specifically adapted to the uses .anticipated and takes into account other uses in the vicinity . T11:; fOl10WlIlg principles and standards shall be observed: A. Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated. B.~ Street rights-of-way and pa~rement shall. be adequate to accommodate the type and volume o.f traffic anticipated to be gencr<atecl therc;- upon. -53- S7 C. Special requirements may be imposed by the City with respect to street, curb, gutter and side- walk design and construction. D. Special requirements may be imposed by the City with respect to the installation of public utili- ties, including water, sewer and storm water drainage and parking. E. Every effort shall be made to protect adjacent residential areas from potential nuisance from the proposed non-residential subdivision, in- cluding the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary. F. Streets carrying non-residential traffic, espe- cially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas. -54- a~ ARTICLE V SPECIFICATIONS FOR DOCU,~•IEN7'S TO BE SUBDIITTED 5.1 Preliminary Plat 5.1-1 General - The preliminary plat shall be prepared by a 7-icensed land sur~~eyor at a convenient scale not more than one (1) inch equals one hundred (100) feet, may be prepared in pen or pencil, and the sheets shall be nwnbered in sequence if more than one (1) sheet is used and shall be. of such size as is accept- able for filing in the office of the Recorder of Deeds, but shall not be more than thirty-four by forty-four (34x44) inches. It should be noted that the map prepared for the preliminary plat may also be used for the final subdivision plat and, therefore, should be drawn on tracing cloth or reproducible mylar. Preparation in pencil will make required changes and additions easier. 5.1-2 Features - The preliminary plat shall slioi•J the fol louring A. The location of property with respect to surround- ing property and streets, the names of all adjoin- ing property owners of record, or the names of adjoining developments; the names of adjoining streets. B. The location and dimensions of all boundary lines of the property to be expressed in feet and deci- mals of a foot, as :cell as the approximate topob- -aphy . C. The location of existing streets, property lines, easements,•water bodies, streams and other perti- nent features as swamps, railroads, buildings, parks, cemeteries, drainage ditches, bridges, as determined by the Planning Commission. D: The location. and width of all existing and proposed streets and easements, alleys and other public ways and easements and proposed street rights-of-way and building set-back lines. -55- ~~ E. The locations, dimensions and areas of all proposed or existing lots. F. The location and dimensions of all property proposed to be set aside for park or playground use, or other public or private reservations, with designation of the purpose thereof, and conditions, if any, of the dedication or reser- vation. G. The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider if other than the owner, and the name of the land surveyor. H. The date of the map, approximate true north point, scale and title of the subdivision. I. Sufficient data acceptable to the City Engineer to determine readily the locations, bearing and length of all lines, and to reproduce such lines upon the ground; the location of all proposed monuments. J. Names of the subdivision and all new streets as approved by the Planning Commission K. Indication of the use of any lot (single-family, two-family, multi-family, townhouse) and all uses other than residential proposed by the subdivider. L. Blocks shall be consecutively numbered, or lettered in alphabetical order. The blocks in numbered addi- tions to subdivision bearing the same name shall be numbered or lettered consecutively through the several additions. M. All lots in each block consecutively numbered. Outlots shall be lettered in alphabetical order. If blocks are numbered or lettered, outlots shall be lettered in alphabetical order within each block. N. The following notation shall also be shown: (1) Explanation of drainage easements, if any. (2) Explanation of site 'easements, if any. -56- ~d (3) Explanation .of reservations, if any. (4) Endorsement of otvne:r, as follows Approved for filing: caner Date 0. Proposals for connection with existing water supply and. sanitary sewage systems, or alternative means of providing tivater supply and sanitary waste treatment and disposal; provisions for collecting and discharging surface water drainage. P. A vicinity map showing streets and other general development of the surrounding area. Q. Form for endorsements by Commission Chairman as follows: Approved by Resolution of the Planning Commission. Chairman Date R. The lack of information under any item specified herein, or improper information supplied by the applicant, shall be cause of disapproval of a preliminary plat. 5.2 Construction Plans 5.2-1 General - Construction plans shall be prepared for all required improvements. Plans shall be drawn at a scale no more than one (1) inch equals fifty (50) feet, and map sheets shall. be of the same size as , the preliminary plat. The following shall be shown: A. Profiles showing existing and proposed elevations along center lines of all roads and a three line profile shall show existing and proposed elevations along street center line and R.O.la'. lines. 1~There a proposed road intersects an existing road or roads, the elevation along the center line of the existing road or roads !vithin one hundred (100) feet of the intersection, shall be shown, t'Kpproximate radii of all curves, lengths of tangents and central angles on all streets. -57- 6/ B. The Planning Commission may rec{uire, where steep slopes exist, that cross-sections of all proposed streets at one-]iundred-foot stations shall be shown at five (5) points, on a line at right angles to the center line of the street, as follows: at the center line of the street, each property line, and points twenty-five (25) feet inside each property line. C. Plans and profiles showing the locations and typi- cal cross section of street pavements including curbs arid~•gutters, sidewalks, drainage easements, servitudes, rights-of-way, manholes and catch basins; the locations of street trees, street lighting standards and street signs; the location, size and inverse elevations of existing and pro- posed sanitary sewers, stormtvater drains and fire hydrants, showing connection to any existing or proposed utility systems; and exact location and size of all water, gas or other underground utili- ties or structures. D. Location, size, elevation and other appropriate description of any existing facilities or utili- ties including, but not limited to, existing streets, sewers, drains, water mains, easements, water bodies, streams and other pertinent features such as swamps, railroads, buildings, features noted on the A1aj or Highway Plan or Afaster Plan, and each tree with a diameter of eight (8) inches ox more measured twelve (12) inches above ground level, at the point of connection to proposed facilities and utilities within the subdivision. The water elevations of 'adjoining lakes or stre~:ms shall be shown. All elevations shal]. be referred to the U.S.G.S. datum plane. If the subdivision borders a lake, river or stream, the distances and bearings of a meander line established not less than twenty (20) feet back from the ordinary high water mark of such tivaterways shall be shown. E. Topography at the same scale as the sketch plat with a contour interval of two (2) feet, referred to sea-level datum. All datum provided shall be latest applicable U.S. Coast and Geodetic Survey datum and should be so noted on the plat. -58- ~y F. All specifications and references required by the City's construction standards and specifi- cations, including a site-grading plan for the entire subdivision. G. Notation of approval as follotivs: Approved by: - Owner Date Planning Commission C airman Date H. Title, name, address and' seal of professional engineer and surveyor, and date including revision dates. 5.3 Final Subdivision Plat 5.3-1 General - The final subdivision plat shall be presented in India inl: on tracing cloth or reproducible mylar at the same scale and contain the same information, except for any changes or additions required by reso- lution of the Planning Commission, as shoran on the preliminary plat. The preliminary plat may be used as the final subdivision plat if it meets these require- ments and is revised in accordance with the Planning Commission's resolution. All revision dates must be shoran as well as the following: A. Notation of any self-imposed restrictions and locations of any building lines pxoposed to be established in this manner, if required by the Planning Commission in accordance with these regulations. B. Endorsement of the City Health llepartment. C. Lots numbered as approved by the County Assessor. D. All monuments erected, corners and other points established in the field in their proper places. The material of which t}ie monuments, corners or other points are made shall be doted at the repre- sentation thereof or•by legend,. except that lot -59- 68 corners reed not.hc shol~:n. The legend for metal monuments shall indicate the kind of metal, the diameter, length, and i~-eight per lineal foot of the monuments. 5.3-2 Preparation - The final subdivision plat shall be prepared by a land surveyor or licensed by the State of D4issouri. -60- ~y ARTICLE VI DEFINITIONS 6.1 i.2 Usage . 6.1-1 For the purpose of these regulations, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this section. 6.1-2 Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, words used in the plural number include the singlar; the word "herein" means "in these regulations", the word "regulations" means "these regulations." 6.1-3 A "person" includes a corporation, a partnership, and an unincorporated association of persons such as a club; "shall" is always mandatory; a "building" includes a "structure"; a "building" or "structure" includes any part thereof; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied." Words and Terms Defined Alley -- A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street. Applicant -- The owner of land proposed to be subdivided, or his representative. Consent shall be required from the legal owner of the premises. Block -- A tract of land bounded by streets, or by a combination o treets and public parks, cemeteries, railroad rights-of-ways, shorelines or waterways, or boundary lines of municipalities. Bond -- Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the Board of Aldermen. All bonds shall be approv- ed by the Board of Alderman tivherever a bond is required in these regulations. Building -- Any structure built for the support, shelter, or en- closure of persons, animals, chattels, or movable property of any kind, and includes any structure. Ca ital Im rovements Pro ram -- A proposed schedule of all future projects liste in or er o construction priority together with -60- ~~ cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual City operating expenses, for the purchase, construction or replacement of the physical assets for the community are included. Central ti4ater System -- A private water company formed by a de- veloper to serve a netia community development in an outlying area. It includes water treatment and distribution facilities. Central Sewera e S stem -- A community sewer system including collection an treatment facilities established by the developer to serve a new subdivision in an outlying area. Collector Roads -- A Road intended to move traffic from local roa s to seco~ary arterials. A collector road serves a neighbor- hood or large subdivision and should be designed so that no resi- dential properties face onto it. Construction Plan -- The maps or drawings accompanying a subdivi- sion plat an s owing the specific location and design of improve- ments to be installed in a subdivision in accordance with the requirements of the Planning Commission as' a condition of the approval of said plat. Cit Attorne -- The City Attorney or such licensed attorney designate by the Board of Aldermen to furnish legal assistance for the administration of these regulations. City Engineer -- The City Engineer or such professional engineer as shall be appointed by the Board of Aldermen to administer these regulations. Cit Health Officer -- That. person designated to administer the ealt regulations of the City. Cul-De-Sac -- A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. Easement -- Authorization by a property owner for the use by anon and for a specified purpose, of any designated part of his property. Enforcement Officer -- The person (and his duly designated assis- tants designated y the Board of Aldermen to enforce the Zoning Ordinance-and Subdivision Regulations of the pity and to adminis- tratively assist other City Boards or Commissions. -61- ~` Escrow -- A deposit of cash with the City in required and still in force on a performance Such escrow funds shall be deposited by the in a separate account. Final Plat -- The map or plan or record of a accompanying material, as described in these lieu of an amount or maintenance bond. Enforcement Officer subdivision and any regulations. Flexible Zonin - Zoning which permits uses of land and density o- buil ings and structures different from those which are allowed as of right within the zoning district in which the land is situated. Flexible zoning application shall include, but not be limited to, all special permits and special uses, planned unit developments, group housing projects, community unit projects, average density or density zoning projects. Fronta e -- That side of a lot abutting on a street or way and or inarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot. Frontage Street -- Any street to be constructed by the developer or any existing street in which development shall take place, on botk~ sides. Grade -- The slope of a road, street or other public way, speci- i~ed in percentage (o) terms. High Density -- Those residential zoning districts in which the density is equal to or greater than one dwelling unit per 15,000 square feet. Highway Limited Access -- A freeway, or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway. Improvements -- See Lot Improvements or Public Improvements. Individual Sewa e Dis osal S stem -- A septic tank, seepage the sewage isposal system or any other sewage treatment device ap- proved by the City Health Officer, the Missouri State Water Pollution Board and the City Engineer. Local Road -- A.road intended to provide access to other roads rom in ividual properties and to provide right-of-way beneath it for sewer, water and storm drainage pipes. -62- C~ Lot -- A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development. Lot Corner -- A lot situated at the intersection of two (2) streets, t e interior angle of such intersection not exceeding 135 degrees. Lot Improvement -- Any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations. Low Densi~ -- Those residential zoning districts in which the en<~ty is equal or less than one dwelling unit per 40,000 square feet. Major H ~hway Plan -- The plan established by the City pursuant to section 8~ the Revised Statutes of Missouri showing the streets, highways, and parks, and drainage systems and set-back lines theretofore laid out, adopted and established by law, and any amendments or additions thereto resulting from the approval of subdivision plats by the Planning Commission and the subse- quent filing of such approved plats. Master Plan -- A comprehensive plan for development of the City pre- p- are ~ and adopted by the Planning Commission, pursuant to Section 89 of the Revised Statutes of Missouri, and includes any part of such plan, or parts thereof. Medium Densit -- Those residential. zoning districts in which the ensity is etween 15,000 and 40,000 square feet per dwelling unit. Mid-America Regional Council -- The Planning Agency established for the Metropolitan Kansas City Region to carry on comprehensive planning. The official title of such agency is Mid-America Regional Council. Missouri State Board of Health -- The Agency of the Department of Heald and Welfare, inclu ing the Division of Health as designated by the State of Missouri. Aissouri Clean Water Board -- The official State agency delegated wit the control of water pollution. Model Home -- A dwelling unit used initially for display purposes whic-"-Ti typifies the type of units that will be. constructed in the subdivision. Such dwelling units may be erected, at the discretion of the Planning Commission, by permitting a portion of a major sub- division involving no more than two (2) lots to be created according to the procedures for minor subdivisions, as set out in Section 2.3-8 of.these regulations. -63- ~~ Dlunici alit -- For the purposes of these regulations, any city, towns ip, village or county established pursuant to the Revised Statutes of Dissouri. Nei hborhood Park and Recreation Im rovement Fund -- A special un esta lishe y t e Boar o Al ermen to retain monies con - tributed by developers in accordance with the "money in lieu of land"provisions of these regulations within reasonable proximity of the land to be subdivided so as to be of local use to the future residents of said subdivision. Non-Residential Subdivision -- A subdivision whose intended use is other than resi ential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations. Off-Site -- Any premises not located within the area of the pro- perty to be subdivided whether or not in the same ownership of the applicant for subdivision approval. Official Master Plan -- See Master Plan. Owner -- Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be sub- divided under these regulations. Ownership, Same -- See Same Ownership. Perimeter Street -- Any existing street to which the parcel of land to be sub ivided abutts on only one (1) side. Planning Commission -- The City Planning Commission established in accor~ce wi- tF~Chapter 89 of the Revised Statutes of Missouri. Preliminary Plat -- The preliminary drawing or drawings, describ- ed in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval. Primary Arterial -- A road intended to move through traffic to and from such major attractions as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas and similar traffic gener- ators within. the City; and/or as a route for traffic bettiaeen com- munities or large areas. Public Im rovement -- Any drainage ditch, roadway, parkway, side- walc, pedestrianway, tree, lawn, off-street parking areas, lot improvement or other facility for which the City may ultimately assume the responsibility for maintenance and operation or which may affect an improvement for which City responsibility is es- tablished. All such improvements shall be properly bonded. -64- 6y Re istered En ineer -- An engineer properly licensed and regis- tere in t e State of Dissouri. Registered Land Surveyor -- A land surveyor properly licensed and registeredin t e State of Missouri. Resubdivision -- A change in a map of an approved or recorded su ivision plat if such change affects any street layout shown on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. Right-of-{Vay -- A strip of land occupied or intended to be occu- pied by a street, crosswalk, railroad, road, electrical transmis- sion line, oil or gas pipeline, water main, sanitary storm sewer main, or for another special use. The usage of the term "right- of-way" for land platting purposes shall mean that every right- of-way hereafter established and shown of a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions of areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established. Roads Classification -- For the purpose of providing for the evelopment o the street, highways, roads and rights-of-way in the City and for their future improvement, .reconstruction, realignment and necessary widening, including provision for curbs and sidewalks, each existing street, highway, road and right-of-way, and those located on approved and filed plats, have been designated on the Major Highway Plan of the City ar.d classified therein. The classification of each street, highway, road and right-of-~aay is based upon its location in the respec- tive zoning districts of the City and its present and estimated future traffic volume and its relative importance and function as specified in the Master Plan of the City. The required improvements shall be measured as set forth for-each street classification on the Major Highway Plan. Roads Dead End -- A road or a portion of a street with only one (1) vehicular-traffic outlet. Road Right-Of-way Width -- The distance between property lines measured at right angles to the center of the street. -65~ L ~~ Sale or Lease -- Any immediate or future transfer of ownership, incluuiig c~tract of sale or transfer, or an interest in a sub- division or part thereof, whether by metes or bounds, deed, contract, plat, map or other written instrument. Same Ownership -- Ownership by the same person, corporation, firm, entity, partnership or unincorporated association; or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a stockholder, partner or associate or a member of his family owns an interest in each corporation, firm, partnership, entity or unincorporated association. Secondary Arterial -- A road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic generating areas such as com- munity-commercial areas, primary and secondary educational plants, hospitals, major recreation areas, churches and offices, and/or a road designed to carry traffic from collector streets to the system of primary arterials. Setback -- The distance between a building and the street line nearest thereto. Screening -- Either (A) a strip of at least ten (10) feet wide, densely planted (or having equivalent natural growth) with shrubs and trees at least four (4) feet high at the time of planting, of a type that tiaill form a year-round dense screen at least six (6) feet high, or (B) an opaque wall or barrier or uniformly painted fence at least six (6) feet high. Either (A) or (B) shall be maintained in good condition at all times, and may have no signs affixed to or hung in relation to the outside thereof except the following: for each entrance, one (1) directional arrow with the name of the establishment with "For Patrons Only" or like limitation, not over two (2) square feet in area, which shall be non-illuminated. Where required in the district regulations, a screen shall be install- ed along or within the lines of a plot as a protection to adjoin- ing or nearby properties. Shade Tree -- A tree in a public place, street, or special ease- ment adjoining a street as provided in these regulations. Sketch Plat -- A sketch preparatory to the preparation of the preliminary plat (or subdivision plat in the case of minor sub- divisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning commission as to the form of the plat and the objectives of-these regulations. tb6, 7~ Street -- See Road. Structure -- Any construction above or below ground. Subdivider -- Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a sub- division or ~aho (2) directly or indirectly sells, leases or develops or offers to sell, lease or develop, or advertise for sale, lease or development, any interest, lot, parcel site, unit or plot in a subdivision, or, who (3) engages directly or through an agent in the business of selling, leas- ing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel site, unit or plot in a subdivision, and who (4) is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing. Subdivision -- Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms and conditions, including re- subdivision. Subdivision includes the division of development of residential and nonresidential zoned land, whether by deed, metes and bounds description, map, plat or other recorded instrument. Subdivision Agent -- Any person who represents, or acts for or on ehalf of, a subdivider, or developer, in selling, leasing or developing or offering to sell, lease or develop any interest, lot, parcel, unit, site or plot in a subdivision, except an attorney at law whose representation of another person consists solely of rendering legal services. Subdivision Plat -- The final map or drawing, described in these regulations, on which the subdivider's plan of subdivision is presented to the Planning Commission for approval and which, if approved, may be submitted to the County Recorder of Deeds for filing. -67-