HomeMy Public PortalAboutORD11045 BILL NO. 88-23
SPONSORED BY COUNCILMAN SCHEULEN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
CODE OF THE CITY OF JEFFERSON, MISSOURI, BY CREATING CHAPTER 30
ENTITLED SUBDIVISION CODE, AND REPEALING ORDINANCES 9109, 9176,
10254, AND 10464 PERTAINING TO THE SAME SUBJECT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Code of the City of Jefferson, Missouri, is
hereby amended by the creation of Chapter 30 entitled,
Subdivision Code to read as set out below. Ordinances 9109,
9176, 10254 and 10464 are hereby repealed in their entireties.
Chapter 30
THE b`I VISICK CODE
ARTICLE I. DEMMCNS
Sec. 30-1. Shart Title.
This chapter shall be }mown and may be cited as "The Subdivision Code" of
the City of Jefferson, Missouri.
Sec. 30-2. Definitialm.
For the purpose of this chapter, the following words, teens and phrases
shall have the meaning given Navin:
All. Minor ways which are used primarily for vehicular service access
to the bark or side of properties abutting on a street.
Building Line. A line or lines on a plat designating the area adjacent to
the street right-of-way inside of which no building or structure may be
erected.
Building Official. The Supeivrisor of Building Regulations of the City or
his authorized representative.
City. The City of Jefferson, Missouri, a municipal corporation which,
territorially, shall include all land within the corporate limits of the
City as such limits now exist or may, from time to time, be extended or
retracted.
City Council. The governiaj body of the City.
YUaY mission. The Planning and Zoning Commission of the City.
Director of Planning and Code Enforcement. The Director of Planning and
Code Enforcement of the City of Jefferson, or his authorized
representative.
Director of Public Works. The Director of Public Works of the City, or his
authorized representative.
Easement. A grant by the property owner to the public, a corporation or
persons, of the use of a strip of land for specific purposes.
M,_ya An action which is permissive.
Monuments.
Lot Conners. An iron pipe not less than 1" outside diameter or a
reinforcing bar not less than 1/2" in diameter and not less than 30"
in length set not less than 24" in the ground.
Control Points. An iron pipe or reinforcing bar as described in
Section 2.11.1 set in concrete 4" in diameter and 12" in depth, or a
4" x 4" concrete post set not less than 24" in the grand with the
top of the post adequately marked to define the control point. A
permanent pavement marker acceptable to the Director of Public Works
may be utilized to define the centerline of right-of-way at the
control points in lieu of the above described monwnents.
Owner. An individual, firm, association, co-partnership, corporation or
syndicate, or agent of any of them, having sufficient proprietary interest
in any land sought to be subdivided to commence and maintain proceedings
to subdivide land tinder the provisions of this chapter.
Plat. An accurate drawing or map of the land proposed to be subdivided.
Sketch Plat. A drawing of the proposed subdivision, not necessarily to
scale, but indicating general topographic features and the general layout
of the proposed subdivision, according to the requirements of Section 30-
6.
Preliminary Plat. The preliminary map indicating the proposed layout of
the total subdivision, so designated on the plat and meeting the
requirements of Section 30-7.
Final Plat. The final map of all or a portion of the subdivision, so
designated on the plat and meeting the requirements of Section 30-8 and
prepared for official recording with the Recorder of Deeds of Cole County,
Missouri.
Streets.
Arterial Street. A roadway used primarily for fast or heavy traffic,
including all streets designated as major, thoroughfares, freeways,
Collector Streets. A street used to carry traffic from residential
streets to arterial streets and/or highways.
Residential Streets. A street used primarily for access to abutting
property.
Subdivision. The division of land into two (2) or more smaller lots,
tracts or parcels for the purpose of building development or transfer of
ownership, and/or the dedication or establishment of a public street or
roadway. Subdivisions shall be further classified as follows:
Minor Subdivision. Any subdivision containing not more than five (5)
lots and not involving any new street or roadway.
Mayor Subdivision. Any subdivision not classified as a minor
subdivision.
The term "subdivision" shall include re-subdivision and, when
appropriate to the context, shall relate to the process of
subdividing or the land subdivided. The term "subdivision" shall not
include the division of land into two (2) parcels, each of which is
not less than five (5) acres.
Shall. An action which is n xiatory.
sec. 30-3. Use of Unapproved Plat in sale of Land.
No owner, or agent of the owner, of any land located within the City of
Jefferson, k ncx 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 pL=port-.ed subdivision of the land before the plat has been ap-
proved by the Council and recorded in the office of the Recorder of Deeds of
Cole County. Any person violating the provisions of this section shall
forfeit and pay to the City of Jefferson, a penalty not to exceed three
hundred dollars ($300.00) for each lot transferred or sold or agreed to
negotiate to be sold; and the description of metes and bounds in the in-
strument of transfer or other document used in the process of selling or
transferring shall not exempt the transaction from this penalty. The City of
Jefferson may enjoin or vacate the transfer or sale or agreement by legal
action, and may recover the penalty in such action.
The provision of this ordinance requiring preparation and submission of a
subdivision plat shall not apply to the sale of all or a part of a recorded
lot of record provided that not more than one additional building lot is
being created and not involving any new streets.
The City Building Official shall not issue a building permit for any
structure on a lot in a subdivision for which a plat has not been approved
and recorded in the n inner prescribed herein.
Sec. 30-4. Large Area Subdivision; General. Plan.
A subdivision may be developed in separate tracts or sections which shall
be successively nuTbered and identified under the name of the subdivision as
Section or Tract One, Two, Three, etc. In such instance, the owner shall
cause to be prepared by a registered surveyor a general plan of the entire
subdivision showing the approximate location of all arterial streets anal/or
highways, collector streets, and the public sanitary sewer and storm sewer
drainage facilities contemplated and reasonably required to serve the entire
subdivision.
When a general plan of the subdivision is required, the owner shall cause
seven (7) prints thereof to be filed with the Director of Planning and Code
Enforcement at the same time the preliminary plat of the first section or
tract is filed. The Director of Planning and Code Enforcement shall
distribute the copies of the general plan in the manner and at the time
provided in Section 30-7(b).
Sec. 30-5. Filing Fees.
The following schedule of fees is hereby adopted; such fees are to be paid
by all persons or corporations submitting preliminary plats for approval by
the Commission and shall be canputed to the nearest dollar.
FOR SnGLE-FAMILY RESIDERrIAL SUBDIVISIONS
Basic Fee Plus a Fee per lot of
$25.00 $2.00
FOR MULTIPLE-FAMILY RESIDENTIAL SUBDIVISIMS
Basic Fee Plus a Fee per dwelling unit of
$50.00 $1.00
FOR CCM ERCIAL AND INDUSTRIAL SUBDIVISIMS
Basic Fee Plus a Fee per acre of
$50.00 $2.00
Maximum Fee: $300.00
This fee shall be paid at the time the preliminary plat is submitted to
the Office of Planning and Code Enforcement and shall apply to the review of
a preliminary sketch plat and review of the preliminary plat, improvement
plans and final plat, provided that the final plat Includes the same area to
be subdivided as the preliminary plat.
Sec. 30-6. Sketch Plat: Contents and Submission Procedure.
MW
(a) Contents. Data furnished in a sketch plat for a subdivision shall be
as follows:
(1) Tract boundaries
(2) North point
(3) The name of the proposed subdivision and the owner
(4) All existing streets and roads, streams, and structures within the
proposed subdivision and within two hundred (200) feet therefrom
(5) Significant topographical or physical features as may be necessary or
required by the Director of Public Works
(6) Proposed general street and sewer layout
(7) Proposed general lot layout
(b) Submission Procedure. Each developer shall submit to the Director of
Planning and Code Enforcement two (2) oopies.of a sketch plat as described in
Section 30-6(a) for the proposed subdivision. Such sketch plat will be con-
sidered as ,submittal for informal discussion between the Director of Planning
and Code Enforcement and the Director of Public Works. As far as may be
® practical on the basis of the sketch plat, the subdivider will be informally
advised of the extent to which the proposed subdivision conforms to the
® requirements of this ordinance. When the sketch plat being submitted is
classified as a minor subdivision, the owner may bypass the preliminary plat
procedure and submit a final plat as outlined in Section 30-8.
Sec. 30-7. Prelb inaYy Plat: Clontents and Submission Procedum.
(a) An owner who intends to subdivide land into lots for the purpose of
sale and/or development or to dedicate land for streets, alleys, parks or
other public use, shall have prepared by a registered surveyor a preliminary
plat of the land within the subdivision, or the section or tract thereof to
be developed first prior to developing the land.
(b) As additional sections or tracts of the subdivision are desired to be
developed, a preliminary plat of each section or tract shall be filed and all
of the provisions of this Chapter shall be observed.
(c) Content. The preliminary plat shall be drawn to scale of not more
than 100 feet to the inch and shall show, or be accoapanied by, the following
information:
(1) The north point and scale
(2) The location of all existing property lines, adjoining streets and
alleys, water courses, storm sewers, water mains, gas mains, culverts
or other underground structures and all existing or proposed
easements and other existing pertinent features within the area to be
subdivided.
(3) The name of all adjoining subdivision
(4) The propose:' lot layout, location width and approximate grade of all
streets and alleys and the za-ing district or districts in which the
land to be subdivided is located according to the current zoning map
of the City.
(5) The title under which the subdivision is to be recorded, the name of
the owners of same, including the names of the officers of any
corporate owner, and the name of the registered surveyor platting the
tract of land to be subdivided.
(b) A partial map of the City upon which shall be sketched the correct
location of the proposed subdivision, its boundaries and street
layout.
(7) Contours shall be required for the proposed layout and shall be on an
interval of not more than five (5) feet where ground slope is regular
and such information is sufficient for planning purposes or on an
interval of not more than two (2) feet where land is irregular or
there is a need for more detailed data.
(8) The location and direction of drainage of all water courses and
natural drainage channels, including acreage of water shed drainage
into each storm drain structure.
® (9) The proposed location of sanitary sewers
(10) All proposed public areas
(11) Each street identified by its proposed street name
(12) The location of all existing and proposed utility lines and fire
Hydrants, street lights and service line crossings.
(d) Submission Procedure.
(1) The owner shall submit seven (7) prints of the preliminary plat to
the office of Planitn fourteen (14) days before the meeting at which
approval is requested. One print shall be transmitted to the
Director of Public Worts, and five prints referred to the Planning
and Zoning Commission for further study, investigation and
reocamendation.
(2) The Commission shall review the preliminary plat and notify the owner
of the date, time and place of the meeting of the Ccm[tission and the
owner may appear and be heard.
(3) Within forty-five (45) days, or such additional period of time as the
owner consents to in writing, from receipt of the plat by its
Chairman, 'the Commission shall act upon the plat and approve,
conditionally approve or disapprove same.
(4) If the Commission conditionally approves the plat, it shall state in
writing any revisions, modifications, additions or deletions required
of the owner by the statutes of Missouri or Sections 30-1 through 30-
6 before a final plat may be approved. Such revisions,
modifications, additions or deletions to the preliminary plat may
relate:
a. to the width or alignment of streets,
b. to the type, capacity and location of sanitary sewer or storm
sewer facilities,
c0 to the location and capacity of all public utility facilities,
d. to the location, width and purpose of easements appearing of the
preliminary plat or required by the City for public use,
e. lot sizes or lot layout, and
f. to such other matters as, in the opinion of the Commission, may
be in the public interest
(5) The Commission shall submit a written report of its action on the
plat to the owner and the City Council along with a copy of the Plat,
indicating necessary revisions or modifications. If the owner is
aggrieved with the commission's report, the owner may appeal
therefrom to the City Council by filing a notice of appeal with the
City Clerk and the Chairman of the Ga ndasion within ten (10) days
from the date thereof.
(6) Within fifteen (15) days of the filing of an appeal or at the next
regular scheduled Council meeting, the Council shall conduct a public
hearing on the issues in oontruversy. The clerk shall give the owner
and the Chairman of the Coanission at least five (5) days notice of
the time and place of the hearing.
(7) At the first Council meeting following the public hearing, the
Council shall declare its findings in writing, and enter its order
approving, modifying or rejecting the report of the Cmrdssion.
(8) If the Camiission fails to act on the preliminary plat within sixty
(60) days, or within such additional time as the owner consents to in
writing, the plat shall be considered approved and the City Clerks
shall certify the approval of the Co mti.ssion on the plat.
(9) Approval of the preliminary plat shall authorize the owner to prepare
the final plat and ocmplete engineering designs, subject to the
provisions of Section 30-8, but such approval shall not constitute an
approval of the plat for purposes of r eocrdation, or for the sale
and/or development of any tract or parcel of land within the area
represented by the preliminary plat.
Sec. 30-8. Final Plat, Contents, Submission Procedure.
(a) Contents. A final plat of the subdivision, or section or tract
thereof, shall be drawn of a sheet 24" x 36", to a scale of not more than one
hundred (100) feet to the inch and shall contain, or be accompanied by, the
following information:
(1) The 'title under which the land is to be recorded; if the plat is of a
section or tract of a subdivision, the identification by section or
tract number.
(2) The name of the owner or owners of the land platted and, if the owner
is a corporation, the rmes of the officers thereof.
(3) The name and registration number of the survWw, registered in
Missouri, who prepared the plat.
(4) The classification of all land platted by zoning district
classifications according to the current zoning map of the City.
(5) The north point and scale
(6) The exterior boundaries of the land platted
(7) A partial map of the City at a scale of 1" = 2001, upon which shall
be accurately drafted the correct location of the proposed
subdivision, its boundaries and street and lot layout.
(8) The right-of-way width of all streets
® (9) The location of proposed public sidewalks, if any
(10) The location of existing buildings on the land platted
(11) The boundaries of all areas to be dedicated to public use, and the
mariner in which the area are to be used.
(12) The right-of-way width and names of all streets on land adjoining the
land shown on the plat.
(13) In the event there are branching streets or alleys on the plat, the
angle of departure from one street or alley to another except where
the angle of departure is either. 90 degrees or 180 degrees.
(1$) The dimensions of the lots, and the numbers (letters in re-
subdivisions) of all lots on the plat.
(15) The location of all building lines
(16) The location and dimm-isions of all utility easements, if any, on the
plat.
(17) All linear and angular dimensions necessary to locate the boundaries
on the plat in relation to a section or quarter-quarter corner or
line, or an established 9nlot: or outlot line.
(18) All linear and angular dimensions of all streets, alleys, lots, ,
utility easements, sanitary sewer and surface water drainage
easements, or other areas on the plat, and such linear dimensions
shall be expressed in feet and decimals of a foot.
(19) All radii, arcs, and chords, points and tangency and central angles
for all curves and rourxled comers on the plat.
(20) The location and description of all mauanents and all street, alley,
lots or other are3 corners, intersections and all perimeter corner or
angle points shall be marked with a suitable durable monument as
defined in Section 30-2.
(21) The farm for dedication to public use of areas identified as right-
of-way for streets, alleys, boulevards, drives, roadways of any kind,
parkways, parks, sanitary sewer easements, surface water easements,
and public utility easements, and all other areas intended for public
use, with appropriate spaces for the signatures of the owner or
owners, trustees, mortgagee or mortgagees, if any, of the land
platted.
(22) All restrictive covenants appearing upon and applying to any lots on
the final plat shall be signed by the owner or owners, trustee, and
mortgagee or mortgagees, if any, of the lots.
(23) A form for the approval of the Director of Planning and Code
FSnforoe[nent, the Director of Public Works, and the Mayor of the City
of Jefferson, Missouri and certification by the City Clerk.
(b) Submission Procedure
(1) Within six months, or within such additional time as the owner in
writing may request and the Commission may allow, from the date of
approval or conditional approval of the preliminary plat of a
subdivision, or section or tract there. of, the owner shall cause to
be prepared by a registered surveyor and submit to the Office of
Platnii.rng, five (5) prints of the final plat thereof to be referred to
the Oomnission for their review and recommendations.
(2) If the owner fails to file with the Comni.ssion the final plat within
the time mentioned in Section 30-8 b (1), the Commission shall, by
written report, vacate and set aside its previous report approving
the preliminary plat, and a copy of such report shall be sent to the
owner and the City Council. The report shall be final and
unappealable.
(3) The mftnissicn of the final plat shall be accompanied by five (5)
prints of the proposed design of all streets, sanitary and storm
sewers, sidewalks, and any other necessary appurtenances, drawn to a
scale of not more than fifty (50) feet to the inch horizontal and
(10) feet to the inch vertical and as per specifications for street
and sewer improvements on file in the Department of Public Works.
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(4) At the next regular scheduled meeting, the Camdssicn shall review
the final plat and design plans, and notify the owner of the date,
time and place of the meeting of the Camdssicn and the owner may
appear and be heard.
(5) Within forty-five (45) days or such additional time as the owner
consents to in writing, from receipt of the plat and design plans by
its Chairman, the Commission shall act upon the plat and plans and
approve, conditionally approve or disapprove same.
(6) The Commission shall mflm .t a written report of its action on the
final plat and design plans to the owner and the City Council along
with a copy of the plat indicating any necessary revisions or
modifications. The owner shall be entitled to appeal the Commission
report to the City Council in the manner prescribed in Section 30-
7(4)(5).
(7) If the Commission approves the final plat, it shall endorse its
approval on the five (5) prints thereof, retain one print and
transmit one print to the owner and three (3) prints to the City
Council. In addition, the owner shall furnish the Director of
Planning the original tracing and a reproducible copy of the final
plat as approved. The tracing shall be transmitted to the Recorder
of Deeds when all the necessary signatures have been affixed.
Sec. 30-9. of MWOVOMats.
(a) All sanitary sewers and appurtenances and shorn sewers in the section
being developed shall be constructed according to the standards and
specifications of the City on file in the office of the Director of Public
Works.
(b) Utility services shall be installed under the proposed streets prior
to paving where subsurface conditions prevent pushing of service under the
completed pavement. Sewer laterals shall also be stubbed in prior to street
paving if the sewer main is located on street right-of-way. All such service
connections shall be extended at least two (2) feet beyond the edge of
pavement and shall be adequately referenced and marked for future use. All
such services shall be installed in accordance with applicable codes and
ordinance
(c) Construction of Streets and Alleys
(1) Streets and alleys shall be constructed as prescribed in Section 30-
11. The Building Official shall not issue a building permit for any
structure to be placed on a lot in a recorded subdivision until the
streets and alleys have been constructed along the entire frontage of
the lot for which the permit is requested properly conz ting tale
frontage to the City's street system in at least one direction. In
the case of a corner lot both streets shall be constructed along the
entire length of both frontages of the lot and shall provide a proper
connection to the City's street system in at least one direction.
During the non-paving season a permit may be issued if a cash escrow,
equpal to the cost of the construction, is posted in lieu of the
street paving and if a temporary granular driving surface is provided
to the structure.
(2) When a street is constructed as provided in subsection (1) above and
is not constructed through to an intersection, a paved, temporary
turn-around shall be constructed.
(3) When building permits have been issued for ninety (90) percent of the
lots in a recorded subdivision no additional permits shall be issued
until all of the improvements required by this ordinance have been
installed and accepted by the Director of Public Works for
maintenance.
(4) Upon the completion of street paving, the contractor shall request in
writing acceptance of the street by the Department of Public Works
for maintenance. Formal written acceptance of streets by the
Department of Public Works shall be required prior to the
installation of street signs and street lights.
(5) Monuments as described in Section 30-2 shall be installed and
adequately referenced to facilitate future replacement. Control
point monument locations shall be verified or re-established after
street paving has been completed and prior to acceptance of the
street for maintenance by the City.
(6) The developer shall be held responsible for any and all defective
worlananship far a period of one year from the date of the aooeptanoe
of the improvements described therein.
(7) The developer shall be required to provide or cause to be provided
adequate water main lines and fire hydrants for fire protection in
the subdivision. Water main lines shall be a minimum of six (6)
inches in diameter. Larger water main lines shall be installed
according to Water Company or Water District standards if determined
necessary by said Oompany or District. In the districts designated
RU, RC, RS-1, RS-2, RS-3, RS-4, RD, RA-1 and RA-2 by the City zoning
ordinance, fire hydrants shall be placed in intervals of not more
than six hunndred (600) feet along all subdivision streets. In the
above designated districts where a block between two intersecting
streets is longer than four hundred (400) feet but less than six
hundred (600) feet, said block shall require a fire hydrant to be
placed at the corner of the intersecting streets. In all other
districts, fire hydrants shall be placed in intervals of not more
than three hundred (300) feet along all subdivision streets.
(d) Urkb aground Wiring
(1) All Electric, cable television, and telephone distribution lines,
shall be installed undepgraxid in all residential subdivisions except
those overhead distribution feeder lines necessary to serve the
subdivision and in locations as approved by the Commission. Cable
switching enclosures, pad-mounted ixansfmmiers, and service pedestals
may also be installed above ground and may be installed as a part of
the street lighting standards where approved by the Director of
Planning and the Director of Public Works.
(2) The following words and terms, when used in this section shall have
the following meaning:
(a) Service Line - that portion of the circuit extending fran a pad-
ncu rated transformer, pedestal, or pole, directly to the point of
delivery to the customer at the building or multiple-occupancy
building.
(b) Feeder Line - that portion of a single-phase or three phase
circuit extending from the terminal pole or manhole at or near
the perimeter of the subdivision into and throughout' the
subdivision and used to provide service within the subdivision
and from which the pad-mounted transformers are energized, and
also including that portion of the seomdary circuit extending
from a transformer to pedestals, excluding service lines and
Power lines as herein defined. (These lines are sometimes
referred to as "local primary & secondary Lines". )
(c) Distribution System - terminal poles, manholes, feeder lines,
service limes, switch-gear, pad-mounted transformers, conduit,
and pedestals utilized to provide service to subdivisions. This
does not include power lines'.
(d) Power Lines - that portion of. the circuit extending from a
® distribution substation to a terminal pole or manhole at or near
the perimeter of the subdivision and through or beyond the
subdivision and which is or may be used to provide service to
outside the subdivision.
(3) The company, firm or individual installing undergramd wiring shall
endeavor to coordinate its construction work with that of the owner,
the City and other utilities in order to keep the overall cost of
providing wn k=gzbuaAd wiring as low as possible.
(4) To the extent practicable and safe, utilities may be installed in the
same trench.
(5) All construction, installations, maintenance and operation of
underground distribution systems shall be in accordance with
applicable codes, orders, rules and/or utility specifications.
Sec 30-10. Streets and alleys: (dal Provisions.
(a) All subdivision streets shall be arranged to provide for the
continuation of existing streets in adjoining subdivisiarLS and, to the extent
possible, the anticipated projections of streets through adjoining
unsubdivided or undeveloped property to allow for convenient movement of
vehicular traffic and the orderly development of adjoining property and shall
adhere to the Master Street Plan where applicable.
(b) Each lot oontaining an area of less than three (3) acres shall front
upon a publicly dedicated street acceptable by the City. The number of lots,
each containing an area of more than three (3) acmes, shall be limited in any
one subdivision and may be approved by the Commission based on unusual,
circumstances or conditions.
(c) When a new subdivision adjoins undivided lands, susceptible to being
subdivided, the new streets shall be carried to the boundaries of the tracts
proposed to be subdivided at a later date and a temporary cul-de-sac shall be
Installed at tftis point.
(d) Permanently designed dead end cul-de-sac streets shall not be longer
than eight hundred (800) feet and shall be provided with a turn-around at the
closed end.
(e) Blocks shall be wide enough to allow two tiers of lots except where
prevented by topographical conditions, in which case the Commission may alter
the size. The minimum and maximum block lengths shall be as follows:
Minimum Maximum
® Arterial 300' 1000'
Collector 300' 1000'
cb mmerci.al Administrative 1000'
Approval
Residential Administrative 1000'
Approval
Lane-Court Administrative 1000'
Approval
Place-Court Administrative 1000'
Approval
(f) Streets shall intersect one another at as near a right angle as
possible and no intersection angle shall depart from a right angle more than
twenty (20) degrees. Residential street intersections shall be rounded with a
radius of twenty (20) feet for right angle intersections. All other
intersections radii shall be as approved by the Director of Public Works.
(g) All streets in exact or __ -ximate alignment with existing named
streets shall bear the names of such existing named streets. All other
streets shall be assigned names which do not conflict with names of existing
streets. Postal addresses for each lot shall be assigned by the Director of
Planning and Code Enforcement.
(h) Whenever there exists a platted half street or half alley adjacent to
land platted for a subdivision, the remainiM half of the street or alley
shall be provided for on the plat of the subdivision.
(i) Utility easements for distribution systems shall be located as deemed
necessary by the Commission after recommendations have been received from the
Director of Planning and Code Enforcement and Director of Public Works. The
width of utility easements shall be as determined by the Director of Public
Woks but in no event shall it be less than ten (10) feet.
(j) No street shall have more than fifteen (15) percent grade, except
that a Place Court, a Lane-Court, or a Residential Street may have a maxim=
grade of twenty (20) percent when it is not a dead-end street.
Sec. 30-11. Streets and Alleys: Rights-of-way, Design.
(a) The widths of right-of-way for streets and alleys and the kVraved
width of roadways within such rights-of-way, unless modified by -the
Commission because of unusual conditions or circumstances, are established as
follows:
(1) Arterial Street. The right-of-way shall be at least eighty feet (80)
wide and the inwaved roadway shall be at least thirty-seven feet
(37) wide (face-to-face of curb). No parking shall be designed for
either side of the street.
(2) Collector Streets. The right-of-way shall be at least sixty feet (60)
wide. If parking is designed for both sides of the street, then the
i4zOved roadway shall be at least thirty-nine feet (39) wide (face-
to-facie of curb). if parking is designed for one side of the street,
® then the improved roadway shall be at least thirty two feet (32) wide
(face-to-face of curb).
(3) CUm*x ial Streets.
a. If parking is designed for bogs sides, then the right-of-way
shall be at least sixty feet (60) wide, and the unproved roadway
shall be at least thirty-nine feet (39) wide (face-to-face of
curb).
b. If parking is designed for one aide, then the right-of-way shall
be at least sixty feet (60) wide, and the improved roadway shall
be at least thirty-two feet (32) wide (face-to-face of curb).
C. If parking is not. designed for either side, them the right-of-
way shall be at least fifty feet (50) wide, and the improved
roadway shall be at least twenty-seven feet (27) wide (face-to--
face of curb).
(4) Residential Streets.
(a) If parking is designed for both sides, tai the right-of-way
shall be at least sixty feet (60) wide and the improved roadway
shall be at least thirty-four feet (34) wide (face-to-face of
curb).
AL (b) If parking is designed for one side, then the right-of-way shall
be at least fifty feet (50) wide and the improved roadway shall
be at least twenty-seven feat (27) wide (face-to-face of garb).
(5) Lane Court. The right-of-way shall be at least fifty feet (50) wide
and the improved Broadway shall be at least twenty-seven feet (27)
wide (face-to-faoe of curb). Parking may be designed for one side.
(6) Plaice Court. The right-of-way shall be at least fifty feet (50) wide
and the improved roadway shall be at least twenty-four feet (24) wide
(face-to-fans of curb). Parking may be designed for one side.
(7) Alleys. The right-of-way for an alley shall be at least twenty-four
feet (24) wide and the Improved roadway shall be at least twenty feet
(20) wide.
(8) Permanent Cul-de-sac. A permanent cul-de-sac shall have a minimum
right-of-way radius of fifty (50) feet, be curbed and guttered, and
have a minimum paved area radius of forty (40) feet (face-to-face of
curb).
(9) Temporary Cul-de-sac. A temporary cul-de-sac shall be curbed and
guttered and have a minimum paved area radius of forty (40) feet
(face-to-face of curb). The paved area shall be located an right-of-
way and/or on a to gxrary street easement. The tenVwary street
easement shall be acceptable to the Director of Public Works and
shall be vacated when the street is extended.
® (b) The minimum residential street slab thickness shall be six (6) inches
Portland Cement concrete or fire (5) inches black base with two (2) inches
Type "C" asphaltic concrete (Missouri State Highway Specifications) with
Portland Cement concrete curb and gutters as per current specifications on
file in the office of the Director of Public Worics. All developers shall be
required to meet this minimum requirement regardless of the street
classification. Additional design requirements above the minimum specified
herein shall be the responsibility of the City.
Sec. 30-12. Lot Wentificatian.
(a) All lots in original subdivisions shall be numbered consecutively
frccm one througti the total number of lots, even though the subdivision may be
recorded in sections.
(b) In re-subdivisions, all lots shall be lettered alphabetically from
the letter "A" through the total numiber of lots.
(c) The size of lots shall meet the minimum requirements of the Zoning
Ordinance for the area being subdivided and the lots shall be arranged at
right angles to street lines or radial to curved street lines, and shall
front on a public street.
Sec. 30-13. Variations from Provisions.
(a) When the Director of Planning and Code Enforcement and the Director
of Public Works determines that in a particular instance an owner cannot
possibly or practically observe the requirement of any provision or pro-
visions of this chapter because of the presence of unusual circumstances or
conditions, and that the strict application of the requirements of such
provisions would either prevent, or present a serious obstacle to the
formulation of a plat for the reasonable use and development of land in
subdivision form, they shall make a written recommendation to the Commission
that a variation from the requirements of such provisions be permitted and
state the facts upon which the recommendation is made.
(b) The Commission, upon consideration of the facts presented with the
reaammermdation, may permit the owner to vary from the requirements of such
pm r1sions if it determines that the intent of this chapter is not being
violated and adjoining property is not materially or adversely affected.
Sec. 30-14. ibecordation of Plats.
(a) A plat of land within the City shall not be filed and recorded until
such plat has been accepted and approved by ordinance.
(b) When the approval of the City has been endorsed upon the plat and the
plat has been transmitted to the Recorder as outlined in Section 30-8(b)(7),
the owner, or the agent thereof, shall have the plat recorded in the office
of the Recorder of Deeds in Cole County, Missouri, within thirty (30) days
thereof, or .the City may enact an ordinance withdrawing its approval and
acceptance of such plat.
Sec. 30-15. neferences.
® When reference is made in this Chapter to any other ordinance of the City,
or any section or sections thereof, or to any statute of Missouri, the
refez+ence shall apply to all amendments and additions to such ordinance,
section or sections thereof, or statute.
See. 30-16. woonstitutionality Clause.
Should any clause phrase, paragraph, subsection, section or any other
pmavisicn, or portion thereof, of this Chapter be declared invalid or
unconstitutional by any cast of canpetent jurisdiction, such holding shall
not affect any other portion of such sections as it is expressly declared
that the remaining provisions and portion of these sections would have been
enacted of such invalid portion or portions.
Sec. 30-17. Pftnalty Claousoe.
Any person, association, partnership or corporation who shall violate any
of the provisions of this Chapter shall be deemed guilty of a misdemeanor,
and upon conviction thereof, shall be fined not more than One Hundred Dollars
($100.00) each day that a violation exists shall constitute a separate and
distinct offense.
Section 2. This Ordinance shall be in full force and effect from and
after the date of its passage and approval.
Passed `c� !�t Approved
O ' cer M
Attest:
to
City Clerk