The purpose of this Chapter is to set forth rules and regulations for the subdivision of real property so that each subdivision shall be properly coordinated with existing streets, utilities, public facilities and plans for developing these entities. In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements adopted for the protection of the public health, safety and welfare. To protect the public, among other purposes, such provisions are intended to provide for permanently wholesome community environment, adequate municipal services, safe streets and comprehensive sound development of the municipality, both as to its present and its future requirements. (R.O. 2009 §25-1; Ord. No. 2928 §25-1, 12-22-99)
A. These regulations are intended as minimum requirements to provide for coordinated, efficient and economic development within the City, to insure the adequacy of street and utility facilities and to promote the public health, safety and general welfare.
B. If any other provision of law relates to any matter covered herein, the regulation providing the higher standard shall apply. (R.O. 2009 §25-2; Ord. No. 2928 §25-2, 12-22-99)
Any change in land use, division of land by sale, creation of an access serving more than one (1) parcel or general grading of an undeveloped tract in the preparation of a site for development that results in the alteration of the topography by one (1) foot or more for:
1. Any residentially zoned parcel of land;
2. Any non-residential use where the property is vacant or proposed for resubdivision;
3. Any resubdivision of a lot of record;
4. Any commercial or industrial leasehold of land involving improvements or structures. (R.O. 2009 §25-3; Ord. No. 2928 §25-3, 12-22-99)
The provision of these regulations do not apply and no plat is required in any of the following instances:
1. The sale of burial plots for cemetery usage;
2. The conveyance of parcels of land or interests therein for use as right-of-way for railroads, public utility facilities and pipelines, any of which do not involve any new streets or easements of access;
3. The conveyance of land for highway or other public purpose or grants or conveyances relating to the vacation of land impressed with a public use; or
4. Conveyances made to correct the description of prior conveyances. (R.O. 2009 §25-4; Ord. No. 2928 §25-4, 12-22-99)
Land unsuitable for subdivision or development due to drainage, flood hazard area, steep topography, geological formation and thus not capable of supporting the proposed development or any other physical conditions constituting significant danger to health, life, safety or property shall not be approved for subdivision and development unless the subdivider presents evidence satisfactory to the City establishing that the methods proposed to mitigate such conditions are adequate to avoid significant danger to health, life, safety or property. (R.O. 2009 §25-5; Ord. No. 2928 §25-5, 12-22-99)
The City may submit, or require the developer to submit, proposed plats to various selected agencies for review and comment. Comments from other reviewing agencies shall be part of the public record relating to the particular subdivision request. (R.O. 2009 §25-6; Ord. No. 2928 §25-6, 12-22-99)
For the purpose of this Chapter, certain words and phrases are herein defined. Words and phrases defined herein shall be given the defined meaning. Words and phrases which are not defined shall be given their usual meaning, except where the context clearly indicates a different or specified meaning.
Words in the present tense shall include the future; the singular number includes the plural and the plural includes the singular; the word "shall" is mandatory and not permissive.
The following terms are defined in order to use the provisions of this Chapter:
ACCESS: A way of approaching or entering a property.
ALLEY: A public right-of-way which affords only a secondary means of access to abutting property.
APPLICANT: The owner of land proposed to be subdivided or his/her representative. Consent shall be required from the legal owner of the premises for all application for subdivision review.
AS-BUILTS: A set of detailed documents specifying how the public improvements required on the improvement plans were actually constructed.
COMPREHENSIVE DEVELOPMENT PLAN: The official comprehensive development plan, including thoroughfare plan, for the City adopted by the Planning and Zoning Commission in accordance with the provisions of State law.
CROSSWALKWAY: A right-of-way used primarily for pedestrian travel through or across any portion of a block.
CUL-DE-SAC: A short street having but one (1) end open for motor vehicle traffic, the other end being permanently terminated by a vehicular turnaround.
EASEMENT: A grant by a property owner of the use, for a specific purpose or purposes, of a designated strip or area of land to the general public, a corporation or other individuals.
FLOOD PLAIN: A geographical area susceptible to periodic inundation from the overflow of natural waterways and determined as to extent by the Federal Emergency Management Agency on the FIRM maps for the City.
LOT: A unit or area of land within a subdivision intended for transfer of ownership or for building development.
PARCEL: A lot or contiguous group of lots in single ownership or under single control and usually considered a unit for purposes of development.
PLAT, FINAL: A map or drawing of a subdivision meeting the requirement of this Chapter and prepared for the purpose of recording.
PLAT, PRELIMINARY: A map or drawing of a proposed subdivision prepared for the purpose of facilitating the official review as required by this Chapter. Such map or drawing is not to be recorded.
PROTECTIVE COVENANT: A restriction on the use of private property within a subdivision for the purpose of providing mutual protection against undesirable aspects of development.
PUBLIC IMPROVEMENT: Any of the following: roadway or street pavement, curbs, gutters, sidewalks, crosswalkways, water mains, sanitary sewers, storm sewers, other appurtenant construction.
RIGHT-OF-WAY: The entire strip of land lying between the property lines of a street or other thoroughfare, alley, crosswalkway or easement.
SKETCH PLAN: A sketch or informal plan prepared prior to the preparation of the preliminary plat describing the proposed design of the subdivision to be reviewed during the initial review process.
STREET, MAJOR: Refers to major street plan recorded in Book 78, Page 24 at the Jefferson County Recorder's office.
STREET, MINOR: Any street not designated in the Comprehensive Plan as an expressway, major street or secondary street and intended to serve and to provide access exclusively to the properties abutting thereon.
STREET, SECONDARY: A major trafficway so designated in the comprehensive development plan.
SUBDIVISION: The division of any parcel of land shown as a unit, as part of a unit or as contiguous units on the last preceding transfer of ownership thereof into two (2) or more parcels, sites of lots for the purpose, whether immediate or future, of transfer of ownership, or the improvement of one (1) or more parcels of land for residential, commercial or industrial structures or groups of structures whether or not said improvement involves the subdivision and allocation of land as streets or other open spaces for common use by the owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities and utilities. However, the following are not considered subdivisions: the sale or exchange of parcels between the owners of adjoining lots where such sale or exchange does not create additional building sites, divisions of property by testamentary or intestate provisions, divisions of property upon court order.
SURVEY: The act of determining and delineating the form, extent and position of a tract of land by taking the linear and angular measurements in conformance with the standards adopted by the Missouri Board of Registration for Architects, Engineers and Land Surveyors.
TRACT: An area of land defined by a legal description without reference to a plat.
ZONING: Regulation by districts of the height, area and use of buildings, use of land and density of population.
OTHER PERTINENT TERMS: Shall be defined in the zoning Chapter. (R.O. 2009 §25-7; Ord. No. 2928 §25-7, 12-22-99)
A. No person proposing to make or have made a subdivision within the City shall enter into any contract for the sale of, or shall offer to sell, the subdivision or any part thereof, until the final plat has been approved by the City Council or shall proceed with any construction work on the proposed subdivision, including grading, until authorization to proceed has been obtained from the City Council.
B. Developer shall orderly transfer completed amenities, assets and control of the association no later than thirty (30) days after the occupancy of seventy-five percent (75%) of the units/lots in the development or three (3) years after recording the declaration, whichever is earlier; provided however, that developer may transfer control of the association at an earlier date in its sole discretion.
C. Before the deadline, the developer shall send out notice to hold a meeting of all property owners to elect a board. The notice shall be sent out announcing the time, place and purpose of the meeting at least fifteen (15) days in advance. Once the board is elected, the developer shall officially transfer the control of the property owners' association to the board meeting. The records and monies shall be transferred over, though not necessarily at the meeting itself, no later than ninety (90) days after the sale of seventy-five percent (75%) of the units/lots in the development or three (3) years after recording the declaration, whichever is earlier. (R.O. 2009 §25-8; Ord. No. 2928 §25-8, 12-22-99; Ord. No. 3652 §I(25-8), 8-23-06)
A. A "minor subdivision" shall be defined as a subdivision of land for residential use into not more than four (4) lots with frontage on a City, County or State road.
B. The procedure for approval of a minor subdivision shall be as follows:
1. The applicant shall employ a registered land surveyor to survey and lay out the proposed minor subdivision.
2. The applicant shall submit six (6) copies of the surveyed plat with any required filing fee to the City for review, fifteen (15) days prior to the required scheduled meeting.
3. All lots shall be connected to a public wastewater treatment system or to a privately maintained treatment facility.
4. The plat shall indicate the location of all existing buildings, streets and easements on the site and within one hundred (100) feet of the site.
5. The plat shall indicate the proposed points of ingress and egress. The survey shall also provide for additional right-of-way for future widening or maintenance of any City roads as required.
6. The City shall review the proposed minor subdivision and shall submit it to the Planning and Zoning Commission for recommendation to the City Council.
7. Upon approval by the City Council, the survey shall be filed in the office of the Recorder of Deeds of Jefferson County. The following acknowledgments shall be affixed to the record plat survey in the manner approved by the City.
a. Land description, including numbering of lots and the name of the subdivision.
b. Owner's certificate.
c. Surveyor's certificate.
d. Notary's certificate.
e. City's approval certificate. (R.O. 2009 §25-9; Ord. No. 2928 §25-9, 12-22-99; Ord. No. 3131 §I(25-9), 12-12-01; Ord. No. 3498 §I(25-9), 12-8-04)
The purpose of this Section is to allow adjustments to be made to lot lines of platted lots or other lawful parcels for the purpose of adjusting the sizes of building sites. It is not intended that extensive replatting be accomplished by use of this Section. Surveys must be submitted fifteen (15) days prior to the regular scheduled meeting.
1. Boundary adjustments must meet the following criteria:
a. No additional lot shall be created by any adjustment.
b. The resulting lot or lots shall not be reduced below the minimum sizes and dimensions required in these regulations and the City of Festus zoning ordinance.
2. Procedure.
a. A boundary adjustment may be accomplished by plat.
b. The boundary adjustment plat or deed shall be submitted to the City for review by the Planning Commission prior to its being recorded.
3. Lots in non-compliance. Boundary adjustments shall be allowed for lawful lots existing in non-compliance with minimum area, frontage and dimensional requirements of these regulations or the zoning ordinance, provided that, the resulting adjustment of lot lines does not increase the degree of non-compliance as determined by the City. (R.O. 2009 §25-10; Ord. No. 2928 §25-10, 12-22-99; Ord. No. 3131 §I(25-10), 12-12-01)
A. All subdivisions of land not satisfying the criteria and definitions set forth in Section 410.090 and 410.100 shall be classified as major subdivisions.
B. General Principles. In planning and development of a major subdivision, the subdivider or his/her agent shall comply with the general principles of design and minimum requirements for the layout of subdivisions set forth herein and in every case shall pursue the following procedure. (R.O. 2009 §25-11; Ord. No. 2928 §25-11, 12-22-99)
Before preparing the preliminary plat of a subdivision, it is recommended that the subdivider, his/her engineer, surveyor or other agent shall confer with the Planning and Zoning Commission and the Building Official to ascertain the location of existing and proposed thoroughfares, parks and other proposed public facilities, so designated in the comprehensive development plan, which may affect and need to be taken into account by him/her in designing the layout and developing the subdivision and to inform himself/herself of the requirements in these regulations and others applying to the design and development of his/her subdivision. It is also recommended that a sketch plan be prepared by the subdivider or his/her agent, that shows the following information:
1. The location of the tract in relation to the surrounding area, including a general description of the land uses and development patterns in the area;
2. The approximate location of all existing structures within the tract that are proposed to be retained and wooded areas within the tract and within one hundred (100) feet thereof;
3. Approximate location of proposed streets and property lines and a sketch of the proposed site plan;
4. All existing streets, roads, wet and dry weather watercourses and other significant physical features within the tract and within one hundred (100) feet thereof;
5. Sufficient contour data to indicate the slope and drainage of the tract and the high and low point thereof. Contour data shall be at ten (10) foot intervals;
6. The approximate elevation and limits of the 100-year flood hazard area and the regulatory floodway as it effects the property;
7. Information sufficient to indicate that the proposed water, drainage and sewer system improvements are satisfactory for the proposed development; and
8. The existing zoning districts(s). (R.O. 2009 §25-12; Ord. No. 2928 §25-12, 12-22-99; Ord. No. 3131 §I(25-12), 12-12-01)
A. The preliminary plat is intended to precede and supplement the final plat which is to be recorded. Its purpose is to show all facts needed to enable the Planning and Zoning Commission, the City Council and the administrative officers of the City to determine whether the proposed layout of the land in question and the proposed public improvements are satisfactory from the standpoint of the public interest. The preliminary plat must be made by a qualified technician, trained in the layout of subdivisions. All required engineering and surveying work must be performed by or under the supervision of a registered engineer or surveyor, as the case may be, registered in accordance with the provisions of State law.
B. The subdivider shall prepare a preliminary plat of the proposed subdivision or commercial property which shall conform with the requirements set forth herein and shall file at the office of the Building Official an application in writing for authorization to proceed with the plat accompanied by ten (10) black-line or blue-line prints.
C. Any person(s) requesting a recommendation for a residential development in any phase of a total planned development must submit the preliminary plans to the Building Official's office a minimum of forty-five (45) days prior to the next scheduled planning and zoning meeting or it will not be heard until the following scheduled planning and zoning meeting.
D. The preliminary plat shall be drawn to a standard engineering scale no greater than one (1) inch equals sixty (60) feet on a sheet size not to exceed twenty-four (24) inches by thirty-six (36) inches and shall contain as a minimum the following information:
1. Items pertaining to the title:
a. Proposed name of the subdivision, which shall not duplicate too closely approximate, phonetically, the name of any other subdivision in the County;
b. Location by section of United States Survey, township, range, County, State;
c. Names and addresses of owner, of developer, of technician who made the plan and of engineer responsible for engineering details;
d. Date.
2. Existing items pertaining to the plan:
a. Boundary of the proposed subdivision accurately indicated by a heavy, solid line and the acreage comprised therein;
b. Location, widths and name of all existing or platted streets or other public ways, railroad and utility rights-of-way, public and/or private easements, parks and other public open spaces, permanent buildings, section and corporation lines, United States Survey lines, range and township lines within or adjacent to the tract;
c. Existing sewers, water mains, culverts or other underground items within the tract or immediately adjacent thereto, with pipe sizes and materials, grades and locations indicated;
d. Names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land (shown by dotted lines);
e. Zoning districts;
f. Existing contours with intervals of not more than two (2) feet. Elevations shall be based on sea-level datum;
g. Drainage channels and any other significant physical items;
h. Description and location of bench mark used;
i. North point.
3. Items pertaining to the proposed development:
a. Layout of streets, including names and widths of proposed streets and widths of alleys, crosswalkways and easements. Proposed street names shall not duplicate or too closely approximate, phonetically, the name of any other street or road in the County;
b. Layout, numbers and dimensions of lots;
c. Parcels of land intended to be dedicated or temporarily reserved for public use or to be reserved by deed covenant for use of all property owners in the subdivision and the conditions (if any) of such dedication or reservation;
d. Typical street cross section (or half sections) at a scale not smaller than one (1) inch equals five (5) feet showing widths of roadways, surface and base of roadways and location and width of sidewalks. Where considerable cut and fill are involved or where grading will affect adjacent properties, several actual cross sections showing proposed grading may be required and their locations indicated on the plat;
e. Profile of each street, with grades (including adequate extension, where necessary, beyond the subdivision boundaries), including any proposed sewer lines and manholes. Scale: horizontal, same as plat; vertical one (1) inch equals ten (10) feet;
f. Plan and profiles of proposed sanitary and storm water sewers, with grades and pipe sizes. These shall include connections to outlets which might be beyond boundaries of subdivision. (Items (e) and (f) may be shown on a separate drawing);
g. Plan of water distribution system with accompanying statement that water mains and appurtenances will be installed in accordance with the rules and regulations and under the supervision of the agency supplying water to the subdivision;
h. Building setback lines, shown geographically along all streets, with dimensions,
i. Indication of any lots on which a use other than residential is proposed by the developer;
j. Vicinity sketch; a vicinity sketch, at legible scale, showing relation of the proposed development to its general surroundings, shall accompany the preliminary plat. Proposed streets on the plat shall be shown, with connections to existing or proposed streets and alleys in the neighboring subdivisions. In case the plat forms only a part of an ownership holding, all of the latter shall be shown, with a tentative street layout for the remainder of the tract shown by dashed lines.
E. Any requested corrections or alterations to these plans made by the Building Official or Planning and Zoning Commission must be returned with the corrections made a minimum of seven (7) days prior to the next scheduled planning and zoning meeting or it will not be heard until the following scheduled planning and zoning meeting.
F. The preliminary plat will be checked by the Building Official on behalf of the Planning and Zoning Commission as to its conformity with the thoroughfare plan, community facilities plan and other applicable sections of the official comprehensive development plan and other principles, standards and requirements set forth herein. Copies of the preliminary plat will be referred in advance of indicated meeting of the Planning and Zoning Commission for recommendations or other action to the City Engineer, City Health Officer and the Director of Planning and Public Works for checking of matters within their respective jurisdictions and approval of the improvements proposed to be installed. Copies of the plat shall also be forwarded to the private utility companies for their comment.
G. Upon receipt, whenever practicable in advance of the indicated meeting of the Planning and Zoning Commission, of the recommendations and advice of action concerning matters covered in Subsection (F) above, the Planning and Zoning Commission will recommend to the Council that the subdivider be authorized to proceed or disapprove the plan or recommend to the Council that the subdivider be authorized to proceed providing specific modifications are made in the plat. Written notice of such action, including any required modifications or the reason for disapproval, shall be provided to the subdivider. Upon submission to the City Council of nine (9) prints of the preliminary plat corrected as necessary to conform with the Commission's recommendations, the City Council shall authorize or disapprove such plat and shall distribute notification of its action and copies of such plat to the subdivider, the subdivider's engineer, the City Engineer (two (2) copies), the Building Official, the Director of Planning and Public Works, and the Planning and Zoning Commission.
H. The City Councils authorization to proceed is subject to the understanding that the City Engineer or other officials having jurisdiction may require modification of any engineering or construction details proposed by the subdivider, whenever required for the protection of public interest.
I. Upon receiving City Council authorization to proceed, which is effective for two (2) years unless extended by the City Council, the subdivider may proceed with Section 410.140, Installation of Improvements. (R.O. 2009 §25-13; Ord. No. 2928 §25-13, 12-22-99; Ord. No. 3131 §I(25-13), 12-12-01)
A. The subdivider shall provide to the City copies of the documents approving or permitting any part or all of the improvement plans required by any governmental agency or public utility which has authority over such improvements or will take ownership thereof upon completion. For those improvements for which such approving or permitting documents are provided, no further review may be necessary.
B. Actual construction of such facilities and improvements may commence prior to final plat approval if the detailed improvement plans have been approved, provided that such facilities and improvements shall be inspected by the Building Official throughout their construction and a wash down station is established and utilized.
C. The subdivider/developer shall provide to the City a guarantee of completion of all improvement items identified by the officials having jurisdiction. Such guarantee shall be in the amount equal to one hundred ten percent (110%) of the estimated cost of construction of such improvements. The guarantee shall be in one (1) of the following forms:
1. Completion bond. A completion bond guaranteeing performance of the subdivider/developer and construction and completion of the improvements in the amount and within the time frame approved by the City. The bond shall be executed by the subdivider/developer as principal and one (1) or more corporate sureties authorized to do business in the State of Missouri as a surety and the bond shall run to the City of Festus. A completed bond escrow agreement shall accompany the bond submittal and must be approved and accepted by the City.
2. Letter of credit. An irrevocable letter of credit or commitment from a lending institution to the escrow agent guaranteeing to such escrow agent the availability from time to time upon demand of a sum which shall be not less than the amount approved by the City in the estimate of the cost of the improvements as reflected by the approved plan.
3. Guarantee agreement.
a. The subdivider/developer shall complete a guarantee agreement form as approved by the City. The agreement will state that the securing agent (bank or surety) guarantees that all required improvements will be completed in accordance with approved plans. The agreement will further state that the securing agent will release funds necessary to complete any improvements not completed by the developer. Any securing surety will only be released from their obligation upon successful completion of all required improvements. Release of obligation by any bank issuing a letter of credit may be made upon written approval from the City upon completion of specific milestones including completion of grading, completion of storm water improvements, completion of streets, etc. At no time prior to completion of all improvements will less than five percent (5%) of the total credit be guaranteed.
b. All such agreements shall remain in effect until such time as the City shall, by written authorization to the surety agent or bank, release the surety from the obligations of the bond or the lending institution from the obligation to retain the letter of credit, which releases may be partial and may occur from time to time, as improvements are completed and approved and as otherwise provided herein.
c. The City will not release such obligations until such time as the subdivider/developer has provided it with documentation that the improvements have been completed in accordance with the approved plans, by certification thereof issued by any governmental agency or public utility which has authority over such improvements or will take ownership thereof upon completion.
D. Upon completion and approval, where required, of all improvements, the subdivider's engineer shall certify that all improvements have been installed in compliance with the approved improvement plans or submit as-built plans. (R.O. 2009 §25-14; Ord. No. 2928 §25-14, 12-22-99)
A. After the preliminary plat and the improvement guarantees have been approved, where required, one (1) reproducible and two (2) black-line or blue-line prints of a final plat shall be prepared and submitted to the Building Official along with payment of the required fee. The Building Official shall, on behalf of the Planning and Zoning Commission, review that final plat for the conformance with the preliminary plat and the requirements of this Chapter.
B. A final plat for any portion of a larger preliminary plat for which the City Council authorization to proceed has been received, may be submitted for approval.
C. The final plat shall have a maximum sheet size of twenty-four (24) inches by thirty-six (36) inches and shall contain, as a minimum, the following information:
1. Items pertaining to the title:
a. Name of subdivision;
b. Location by section, township, range, County, State;
c. Names and addresses of owner and engineer;
d. Date;
e. North arrow.
2. Graphic items pertaining to the plat:
a. Boundary of the plat, with accurate distances and bearings and its acreage;
b. Exact location and width of all streets, alleys and crosswalkways within and adjoining the plat;
c. Bearings and distances to the nearest established street lines, section or patent corners all in accordance with current State standards;
d. Names of streets and alleys within and adjoining the plat. The names of new streets shall not duplicate too closely or approximate, phonetically, the name of any other street in the County;
e. Lengths of all arcs, radii, internal angles, points of curvature and tangent bearings;
f. All easements for rights-of-way provided for public services or utilities and any limitations of such easements;
g. All lot numbers and lines, with accurate dimensions in feet and hundredths, and bearings or angles related to street and alley or crosswalkway lines;
h. Accurate description of location, material and size of all monuments. These shall include not less than three (3);
i. Accurate outlines of any areas to be dedicated for public use, with the purposes indicated thereon and of any area to be reserved by deed covenant for common use of all property owners in the subdivision;
j. Building setback lines shown geographically along all streets with dimensions.
3. Other items pertaining to the plat:
a. Notation regarding protective covenants, if any, are to be incorporated in deeds and shown on plat;
b. Certification by a registered surveyor to the effect that the plat represents a survey made and closed by him/her and that all the monuments shown thereon actually exist and that their location, size and material are correctly shown;
c. A signed and notarized certification by the owner or owners of his/her or their adoption of that plat and dedication of streets, easements and any other public areas;
d. Notation giving deed reference of last transfer of title to owner making dedication;
e. Space for statement of approval by the City Council with lines for signature and date;
f. The following language shall exist on every final plat: "All drainage easements and all improvements therein, as shown on the plat, shall not be dedicated to the City of Festus, Missouri, but shall remain with and run with the property and shall be maintained solely by and at the expense of the owners of the property abutting thereto."
g. City's approval certificate.
D. No building permit for any dwelling shall be issued until all improvements approved as a part of the preliminary plat have been completed across the entire frontage of the lot to receive said dwelling. This shall include water, sewer and street.
E. If the final plat is found to conform with the preliminary plat and the requirements of this Chapter, a reproducible copy and two (2) additional black-line or blue-line prints shall be submitted by the subdivider to the office of the Building Official, together with a certificate of title showing the ownership of all lands to be dedicated to the public and that the title thereof is free and unencumbered. The final plat will be referred to the City Engineer for checking and recommendations.
F. Upon receipt of recommendations concerning matters covered in Subsections (A) and (E) above and provided that the final plat is found to conform with the authorized preliminary plat and the requirements of this Chapter, the Commission will recommend to the City Council the approval of such final plat. The action of the Planning and Zoning Commission on a final plat shall be taken within sixty (60) days after the submission of such plat except in the case where the subdivider agrees to extension of such time limit.
G. The Planning and Zoning Commission will transmit to the City Council the reproducible copy of the final plat for Council action. The City Council will transmit to the subdivider notification of its action and the reproducible copy. If the Council has approved the final plat, the subdivider, thereupon, shall provide the Building Official one (1) reproducible copy and two (2) black-line or blue-line prints of the approved final plat. (R.O. 2009 §25-15; Ord. No. 2928 §25-15, 12-22-99)
A. The purpose of this Section is to provide a procedure whereby the construction of a display house can begin prior to the recording of the final plat.
B. Procedure. After receiving approval of the preliminary plat of a proposed subdivision from the Planning and Zoning Commission and the City Council, the subdivider may submit a display house plat to the Building Official for review and presentation to the Planning and Zoning Commission for recommendation to the City Council for approval. The following conditions must be met in the submission of the proposed display house plat:
1. There shall be no more than one (1) display house per ten (10) lots of the proposed subdivision. If the subdivision is phased for construction, only lots in the current phase will be considered.
2. All public improvements must be completed in accordance with the preliminary plat where display houses are to be constructed. No display house may be constructed where streets, water and sewer facilities are not completed.
3. The display house plat shall include a complete outboundary survey of the proposed subdivision and the location of each display in relation to the proposed lots.
4. The display house plat shall be recorded in the office of the Jefferson County Recorder of Deeds prior to issuance of a building permit for any display house.
5. The display house plat shall become null and void upon the recording of a final plat which establishes that each display is on an approved lot.
6. No part of the subdivision may be conveyed, nor any occupancy permit issued, for any structure therein until the display house or houses have been located on an approved lot.
7. If initial construction of a display house has not commenced within sixty (60) days, the approval of the City Council shall lapse and the display house plat shall be null and void.
8. Houses shall be on an approved lot of record within one (1) year of the date of recording of the display house plat or such longer period as may be permitted by the City Council.
9. The display house plat shall be executed by the owner, a registered land surveyor and lienors. (R.O. 2009 §25-16; Ord. No. 2928 §25-16, 12-22-99)
A. General Requirements.
1. Master plan.
a. Streets shall conform substantially to the comprehensive development plan adopted by the Planning and Zoning Commission and revisions or amendments thereto. Whenever a tract to be subdivided includes any part of a street indicated as a major or secondary street on the comprehensive development plan, such part of such street shall be dedicated by the subdivider, except as provided below. This required dedication shall also apply to the widening of existing bordering streets except in cases where the proposed subdivision is limited to a tier of lots fronting on such bordering street and where the subdivider owns or controls no adjoining land beyond the rear line of such tier of lots.
b. In no case shall the required dedication exceed fifty (50) feet in width as measured from the centerline of the bordering street. If a major or secondary street within a proposed subdivision has a recommended width in excess of one hundred (100) feet, the Planning and Zoning Commission will recommend to the City Council that such additional width be acquired by the City by purchase or by appropriation proceedings. If within a maximum of ninety (90) days thereafter the City Council has not indicated its intention of proceeding with such acquisition, either by passage of a resolution agreeing to purchase such property at a price agreed to by the subdivider and the Council or by the passage of a resolution declaring its intent to appropriate such property to public use, then the recommendation by the Planning and Zoning Commission for a width in excess of one hundred (100) feet will not be used as grounds for disapproval of either the preliminary plat or the final plat.
c. If the City Council advises the Planning and Zoning Commission prior to the maximum time limits set out above that it has no intentions of proceeding with the desired acquisition, then the Planning and Zoning Commission will consider a design for the subdivision which does not deny the immediate lawful use of the property within such proposed right-of-way but recognizes a possible future acquisition of such right-of-way and provides accordingly for a minimum degree of resultant disruption to the remaining street and lots of the subdivision.
2. Physical features. Streets shall be platted with appropriate regard for topography, creeks, wooded areas and other natural features which would enhance attractive development.
3. Existing streets. Existing streets (constructed or recorded) in adjoining territory shall be continued at equal or greater width and in similar alignment in the proposed subdivision, unless variations are recommended by the Planning and Zoning Commission.
4. Circulation. The street pattern shall provide ease of circulation within the subdivision as well as convenient access to adjoining streets, thoroughfares or unsubdivided land, as may be required by the Planning and Zoning Commission. Minor residential streets should also be so planned as to discourage their use by non-local traffic. Where a street will eventually be extended beyond the plat but is temporarily dead-ended, an interim turnaround may be required.
5. Unsubdivided portion or tract. If the plat to be submitted includes only part of the tract owned by the subdivider, the Planning and Zoning Commission may require a sketch of a tentative future street system for the unsubdivided portion.
6. Street intersections. Streets shall intersect as nearly at right angles as possible.
7. Cul-de-sac. Cul-de-sac shall not be longer than eight hundred (800) feet, unless necessitated by topography or other circumstances beyond the subdivider's control.
8. Alleys. Except where justified by special conditions, alleys will not be approved in residential districts. At an intersection of alleys, a five (5) foot chord shall cut off each corner. Dead-end alleys are prohibited.
9. Half-streets. The street layout shall be planned to avoid half-streets, if possible. Where there exists a dedicated or platted half-street adjacent to the tract to be subdivided, the other half shall be platted if deemed necessary by the Planning and Zoning Commission.
10. Utility easements. Where utilities are located outside of street right-of-way lines, fifteen (15) foot easements shall be provided. Except that interior lots shall be five (5) feet either side of lot lines or a minimum of ten (10) feet.
B. Dimensional Standards.
1. Minimum right-of-way widths.
a. Major and secondary streets as indicated by the comprehensive development plan.
b. Minor streets. Forty (40) feet. All cul-de-sacs shall terminate in a circular area with a minimum diameter of ninety (90) feet, one hundred (100) feet right-of-way, unless the commission approves a "T" or "Y" type of turning facility.
c. Alleys. Twenty (20) feet.
d. Crosswalkways. Ten (10) feet.
e. Easements. Four (4) feet on each side of the designated centerline or such width as may be required for necessary maintenance of utility involved.
2. All streets. Thirty (30) feet back to back of curbs.
a. In the case of a major or secondary street, the matter of additional pavements width shall be discussed with the public officials having jurisdiction to determine whether or not public expenditures, if any, for such additional width shall be made simultaneously with the developer's improvement.
b. Cul-de-sac streets shall terminate in a paved turnaround with a minimum outside radius of forty-five (45) feet.
c. If a "T" or "Y" shaped arrangement is approved by the Commission in lieu of a turnaround, such paved space shall extend the entire width of the street right-of-way and shall be at least twelve and one-half (12½) feet wide, with the flared portions rounded by at least twelve and one-half (12½) foot radii.
d. Alleys. Twenty (20) feet.
e. Sidewalks. At least four (4) feet wide and normally one (1) foot from the property line, crosswalks the same width, in the center of the crosswalkways.
3. Grades.
a. Maximum percent.
(1) Major or secondary streets. Six percent (6%).
(2) Minor streets and alley. Twelve percent (12%).
(3) Crosswalkways, unless supplemented by steps. Twelve percent (12%).
b. Minimum percent. All streets one percent (1%).
4. Alignment--minimum standards.
a. Vertical, for major and secondary streets, profile grades shall be connected by vertical curves of a minimum length (measured horizontally) equivalent to twenty (20) times the algebraic difference between the rates of grade, expressed in feet per hundred, for minor street and alleys, one-half (½) that minimum. These minimums should be exceeded if at all possible.
b. Horizontal, radii of centerline curvature:
(1) Major and secondary streets. Two hundred (200) feet.
(2) Minor streets. One hundred (100) feet.
c. There shall be a tangent between reverse curves of at least one hundred (100) feet, wherever possible. In any case, the horizontal and vertical alignment shall be such as to produce visibility to the satisfaction of the City Engineer.
5. Intersections.
a. At the intersection of two (2) streets, property line corners shall be rounded by an arc of twenty-five (25) feet radius.
b. Street curbs or edges of street pavements shall be rounded by radii of at least thirty (30) feet.
c. The minimum radii, noted above, shall be increased when the smallest angle of intersection is less than seventy-five degrees (75°) or in any case where the Planning and Zoning Commission considers an increase necessary.
6. Blocks.
a. Length. Normal maximum length for blocks, eighteen hundred (1,800) feet.
b. Width. The width of a block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth.
c. Irregular shape. Irregular shaped blocks indented by cul-de-sac, containing interior parks or playgrounds and adequate parking space, will be accepted when properly designed and covered by agreements as to maintenance of such park areas.
d. Orientation of a major or secondary street. If frontage on a major or secondary street is involved, the long dimension of the block shall preferably front thereon, in order to create as few street intersections as possible.
e. Business or industrial. Blocks intended for business or industry shall be of such length as may be considered most suitable for their prospective use, including adequate provisions for parking and deliveries.
7. Lots.
a. Size, shape and orientation of lots shall be appropriate to the location of the proposed subdivision and for the types of development contemplated.
b. Length and width ratio. Excessive depth in relation to width shall be avoided.
c. Frontage on streets. Lots fronting on major or secondary streets should have extra depth and deep setbacks, if topography permits.
d. Double frontage lots shall be avoided as far as possible.
e. Side lot lines shall be approximately at right angles or radial to the street line unless, in the opinion of the Planning and Zoning Commission, a variation from this rule will give a better street and lot plan.
f. Corner lots shall have an extra width sufficient to allow for the required front yard building setback lines on both streets.
g. On streets with a horizontal curvature radius of less than two hundred (200) feet, the front lot width shall be the chord distance measured at the building line.
h. Except as otherwise provided in this Chapter, lot area and setbacks shall conform to the provisions of the zoning Chapter applicable to the property.
8. Public open space and sites. Where, as indicated by the comprehensive development plan, a proposed subdivision contains, wholly or in part, a proposed public open space or a proposed site for a public building, the Planning and Zoning Commission will immediately notify the public authority concerned (City Council, Recreation Department, Board of Education, etc.) if within thirty (30) days thereafter the Planning and Zoning Commission is not advised that such property has been acquired by negotiation and agreement or within a second (2nd) period of thirty (30) days after such notification that such authority has commenced the necessary procedure to acquire such property by appropriation, then the City Council will not require that such open space or site be reserved or included in the subdivision plan. (R.O. 2009 §25-17; Ord. No. 2928 §25-17, 12-22-99)
Utility and street improvements shall be provided by the subdivider in each new subdivision in accordance with the standards and requirements required by the Americans with Disabilities Act and as described in the following:
1. Streets. See design characteristics of street pavements in this Section.
a. The streets shall be surfaced to a minimum width according to the following:
(1) Minor streets. Thirty (30) feet of pavement width (forty (40) feet right-of-way).
(2) Major streets. Thirty six (36) feet of pavement width (forty-six (46) feet right-of-way).
b. The streets shall be graded, surfaced and improved to the dimensions required by the cross sections and the work shall be performed in the manner prescribed in the current edition of Missouri Department of Transportation standard specifications. Cul-de-sac should be paved to within (5) feet of the right-of-way. Grading for street improvements shall not create soil slopes exceeding a vertical rise of one (1) foot for each three (3) feet of horizontal distance unless retaining walls are to be provided.
c. The street surface should be of Portland cement concrete or a flexible pavement and shall be constructed in accordance with design characteristics at least equal to those given below and specification approved by the City Engineer.
d. Prior to the construction of streets, adequate surface and subsurface (if required) drainage facilities shall be installed by the subdivider. Pipe used for drainage purposes shall be polymer coated corrugated metal, reinforced concrete, polyethylene pipe (ADS-N 12 or Hancore Hi Q or similar) of an approved design, size and strength to meet the requirements of the specified conditions which may be encountered. All pipe shall have reinforced concrete flared end sections. Minimum standards of pipe to be used shall be as specified by the State Highway Commission standard specifications. Bedding of pipe shall be per manufacturer's specifications.
e. All construction shall be completed in accordance with the specific conditions in the agreement for improvements and the accepted plans and specifications and in a manner acceptable to the authorities having jurisdiction. When changes from the accepted plans and specification become necessary during construction, written approval from the City Engineer shall be secured prior to the execution of such changes.
f. Streets within the maintenance jurisdiction of the City will be measured for thickness by coring the pavement. Where any pavement is found deficient in thickness, the developer shall compensate the City at a unit price per square yard determined by the City or remove and replace said pavement with satisfactory pavement.
g. The thickness of the pavements will be determined by core samples taken from the pavement at such locations as the Building Official may select. Three (3) or more cores will be taken in each one thousand (1,000) linear feet of pavement and measured in accordance with ASTM-C174-49. For pavements less than one thousand (1,000) linear feet, a minimum of three (3) core samples will be taken, unless directed otherwise by the Building Official. Whenever any cores indicate that the pavement is deficient in specified thickness, additional cores shall be taken on each side of the place from which the core was drilled, on a line parallel to the centerline of the pavement, until cores are found, on each side of the first (1st) test core, which are not deficient. Intervals for additional cores will be determined by the Building Official.
h. Drilling of cores and all work necessary and incidental thereto will be the financial responsibility of the developer.
i. Basis of payment.
(1) Core thickness. If any core thickness measurement is deficient from design thickness, the City will have the option of either having the contractor remove and replace the pavement at his/her expense or allow the contractor to leave the pavement in place and receive the following deductions in payment if money is escrowed or pay to the City said amounts if money is not escrowed.
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(2) Deficiencies in compressive strength. The compressive strength of concrete pavement will be determined through testing of cylinders and/or cores at frequencies determined by the City. The core or set of cylinders will represent the compressive strength for a distance extending one-half (½) the distance to the next core (or set of cylinders), measured along centerline or in the case of beginning or ending core (or set of cylinders), the distance will extend to the end of the pavement section. If any compressive strength measurement is deficient from the design compressive strength, the City will have the option of having the contractor remove and replace the pavement at his/her expense or allow the contractor to leave the pavement in place and receive the following deductions in payment.
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A "marred surface" is any surface that has not been properly finished as required by these specifications. Marred surfaces include pavement that has been rained on; pavement that has not reached its initial set and has had water flow on its surface washing away cement; pavement that has had plastic placed on it wherein the plastic has actually caused indentations and random patterns; pavement that has been walked on by humans or animals or driven on by any type of vehicle; or pavement that has had curing compound sprayed on it before the initial set, resulting in pitting marks.
j. Full depth bituminous concrete construction and bituminous overlays. At the City's option, penalties for inadequate compaction of pavement will be assessed as follows.
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k. Compensation for thickness deficiencies (New real estate subdivision bituminous pavement). Cores shall be cut to determine pavement thickness. If any core measurement is less than the thickness indicated on the plans, the contractor will have the option of removing and replacing the pavement at his/her expense or will be required to reimburse the City for the deficiencies in thickness noted on the schedule. The choice of alternate penalty under category (4) below will be at the sole discretion of the City. The reimbursement amount shall be deposited with the City of Festus.
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l. Adequate provision for the maintenance of all street improvements shall be made by dedication to and acceptance for maintenance by the local authorities having jurisdiction.
2. Curb and gutter.
a. Curbs and gutters shall be constructed in conjunction with street pavements on all streets and should be of air-entrained Portland cement concrete at least twenty-four (24) inches wide and not less than six (6) inches thick where the curb abuts the street pavement.
b. Curb construction for concrete pavements may be integral and roll-type curbs may be permitted where expected storm water may be adequately handled by this type of curbing.
c. Vertical curbing may be required at the option of the Planning and Zoning Commission for streets which are essentially business in nature and constant parking is expected.
3. Sidewalks.
a. Sidewalks on each side of a street shall be provided within a subdivision when the average is three (3) lots or more per gross acre. Gross acreage shall be figured on the entire subdivision plat minus common ground and roadways. Sidewalks shall be of Portland cement concrete with a minimum thickness of four (4) inches on a four (4) inch gravel or crushed stone base and a minimum width of four (4) feet and the edge of walks adjacent to the property line of the street should be placed at least one (1) foot distant from the property line.
b. Crosswalks within the blocks shall be improved with a four (4) foot wide walk of either Portland cement concrete four (4) inches thick or asphaltic concrete two (2) inches thick on four (4) inches compacted aggregate base. Extend base beyond sidewalk on either side to distance equal to the depth of base.
4. Sewage disposal. The developer shall install or cause to be installed a system for the disposal of sanitary sewage in the subdivision by one (1) of the following means:
a. Public system. A complete sanitary sewer system which shall convey the sewage into an established municipal or other public agency sanitary sewage disposal and treatment system at a point and in a manner approved in writing by the municipal or other public agency involved. The plans for the complete installation of the sewage system showing all locations, material, size, profiles and any connections thereto shall be prepared by a registered professional engineer licensed to practice in the State at the expense of the subdivider or developer and shall be approved by and meet the requirements of the affected municipal or other public agency and the Missouri Department of Natural Resources.
b. Private or quasi-public system. A complete sanitary sewage system to convey the sewage to a treatment plant provided by the developers or others in accordance with the requirements of the Missouri Department of Natural Resources. A complete sanitary sewer system which shall connect into the sewage disposal system of a sewage disposal company which shall hold, at the time of plan submission, a certificate of approved operation by the Missouri Department of Natural Resources authorizing such sewage disposal service for the area in which the subdivision is located. The plans for the complete installation of the sewer system, both within the subdivision and any off-site installations serving said subdivision, showing all locations, size, materials, profiles, capacities shall be submitted to and be approved by the Missouri Department of Natural Resources.
5. Water supply. The developer shall install or cause to be installed a water system for the subdivision by one (1) of the following methods:
a. Public system. A complete water main system connected to a public or other community water supply which is approved by the Missouri Department of Natural Resources. The plans for the complete installation showing size, location, depth, material and all connections thereto and have been approved by the Missouri Department of Natural Resources or shall meet the requirements and have received the approval of the State Division of Public Health.
b. Private system.
(1) A community water supply system including well pump and all appurtenances thereto, necessary to supply a minimum residual pressure of twenty (20) pounds per square inch. The plans showing location, depth, size and material of mains, valves and connections thereto, including fire hydrants, shall meet the requirements and shall have received the approval of the State Division of Public Health.
(2) A complete water main system which shall connect into the water main system of a utility company which shall be authorized to operate within the area in which the subdivision is located and which shall be subject to the control of the Missouri Department of Natural Resources. The plans for the complete installation of the water main system within the subdivision showing size, location, depth, material and all connections thereto, including fire hydrants, shall have been approved by the Missouri Department of Natural Resources.
c. Fire hydrants shall be provided at the intersection of all streets and at spacing of not greater than six hundred (600) feet for residential development and three hundred (300) feet for commercial development. Mains shall be of sufficient size and type to provide adequate pressures and volumes of water for fire protection of all residences and buildings. Approval by the City Engineer of the water distribution plan shall be required prior to installation.
6. Storm drainage. Refer to City storm water management, Chapter 520 of this Code.
7. Public utilities.
a. All utility lines for telephone and electric service when carried on overhead lines shall be provided within rear and side lot line easements. Gas mains shall be located within easements or public right-of-way so as not to conflict with other utilities.
b. Where telephone or electric service lines are to be placed underground throughout the subdivision, the conduit or cables shall be located within easements or public rights-of-way in separate trenches in a manner which will not conflict with other underground services.
Furthermore, all transformers and terminal boxes shall be located so as not to be unsightly or hazardous to the public.
c. All excavations for public utilities made under paved areas shall be properly backfilled with approved granular materials thoroughly compacted in place.
a. Provisions shall be made by the subdivider for the adequate lighting of public streets within the subdivision in accordance with the standards and requirements of the municipality and the electric utility.
b. Street lights shall be provided with a maximum spacing of three hundred (300) feet with concrete, steel or fiberglass poles connected by underground wiring and at intersections and cul-de-sac.
9. Street signs.
a. Appropriate street signs of aluminum extrusions with reflectorized lettering mounted on aluminum posts and as specified by the City shall be installed by the subdivider at all street intersections on diagonally opposite corners so that they will be on the far right-hand side of the intersection for traffic. Signs indicating both streets shall be erected at each location mounted as close to the corner as practical, facing traffic on the cross street, with the nearest portion of each sign not less than one (1) foot nor more than ten (10) feet back from the curb line.
b. Signs shall be installed at the entrance to cul-de-sac stating "street not through".
c. The City Council of the City of Festus hereby establishes the requirement that all developers pay for all signs located within their subdivisions.
10. Landscape development.
a. All unpaved or otherwise unimproved areas within the public rights-of-way or public use areas shall be graded and seeded in a manner approved by the Building Official.
b. No building permit may be issued on any lot in the City of Festus until a land disturbance permit has been issued. The land disturbance permit can be obtained at the Building Official's office.
The requirements are:
(1) A site drawing;
(2) Erosion and sediment control plan;
(3) Fifteen dollar ($15.00) permit fee;
(4) If at any time during construction the erosion and sediment control plan fails or is not followed, a stop work order will be issued.
Termination upon completion. The permit shall be valid from the time that it is issued until the site is permanently stabilized and erosion and sediment control measures are in effect. The site will be considered stabilized when either perennial vegetation, pavement, buildings or structures, using permanent materials, cover all areas that have been disturbed and all temporary erosion and sediment control measures have been cleaned out and removed. To terminate the permit, the permittee shall submit a written request to the City. The City will perform a final inspection of the site to evaluate the completion of the measures specified in the permit.
If the occupancy permit is issued in that time of the year when the plan cannot be completed due to weather, the control measures shall stay in place and maintain until such time when weather permits plan to be completed. If they are not completed, the City nuisance ordinance will take effect.
11. Monuments and markers. Refer to State of Missouri minimum standards.
12. Public convenience. During the progress of the work, the subdivider shall maintain suitable barricades and warning lights for the safety of the public, as required by law or as ordered by the Building Official, and shall take all necessary precautions to prevent accidents. He/she shall make suitable and adequate provisions for the convenience and safety of the public and that of the residents along the route of construction. He/she shall give adequate notice in writing to all owners or occupants of property, buildings, structures or utilities which may be affected by his/her work and which may require protection or adjustment. He/she shall not hinder their protective measures but shall exercise due care to protect all property. The subdivider shall not obstruct access to fire hydrants nor to U.S. mailboxes. He/she shall restore existing streets to permit normal use as quickly as possible. He/she shall repair and restore without delay to service any utility service connection damaged by his/her operations and shall cooperate with utility companies in the restoration of their services.
13. Subdivider to indemnify City.
a. The subdivider shall be required to indemnify and save harmless the City from all suits or actions of every name and description brought against the City for or on account of any personal injuries, including accidental or resulting death, or property damages received or claimed to be received or sustained by any person or persons due to the construction of the work or by or in consequence of any hazard or of any negligence by the subdivider, his/her agents or employees in safeguarding it or due to any improper material used in the construction or by or on account of any act or omission of the subdivider, his/her employees or his/her agents. He/she shall furnish certificates showing such coverage.
b. The subdivider shall be required to comply fully with the requirements of the Workers' Compensation Act of the State and shall carry adequate public liability and property damage insurance for the joint and several benefits of the subdivider and the City with a company licensed to do business in the State and satisfactory to the City and in the amounts not less than those specified below. The amounts of coverage required for public liability or property damage shall not be construed to limit the liability of the subdivider in protecting the City from damage or injury claims. The City shall have the right to require the subdivider to increase any or all of such insurance policy limits while the work is in progress in the event that the City Engineer determines that unusual or special risks revealed by the work so require and in such amounts as the City Engineer may determine to be adequate.
Minimum Amounts of Coverage. Public liability, including bodily injury, personal injury and property damage, with a combined single limit of one million dollars ($1,000,000) per occurrence. If the policy contains an annual aggregate limit, such limit shall not be less than three million dollars ($3,000,000).
14. Inspection of materials and workmanship. All materials and workmanship of whatever description shall be subject to the inspection and rejection by the Building Official and the entire work shall be done to his/her satisfaction. The subdivider shall cooperate fully with all representatives of the City for the inspection of material to be furnished and work to be done and for the purpose of verifying that each corresponds strictly with the requirements of this Chapter.
15. Plans. As-built plans and profiles for all improvements installed by the subdivider shall be furnished by him/her to the Building Official before acceptance of the improvements by the City.
16. Foundation spot survey. The City requires that all buildings have a foundation spot survey completed after foundation construction to assure that required building lines are being observed. No further construction can continue until the survey has been reviewed and approved by the Building Department. (R.O. 2009 §25-18; Ord. No. 2928 §25-18, 12-22-99; Ord. No. 3282 §I, 5-28-03; Ord. No. 3605 §I(25-18), 12-14-05; Ord. No. 3617 §I(25-18), 2-8-06; Ord. No. 3618 §I(25-18), 2-8-06; Ord. No. 3652 §II--III(25-18), 8-23-06; Ord. No. 3763 §I(25-18), 12-12-07)
A. Where the Planning and Zoning Commission finds that extraordinary hardships may result from strict compliance with these regulations, it may vary the regulations of the Chapter so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of nullifying the intent and purpose of the comprehensive development plan or of this Chapter.
B. In granting variances and modifications, the Planning and Zoning Commission shall require such additional conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified. (R.O. 2009 §25-19; Ord. No. 2928 §25-19, 12-22-99)
Fees are as follows:
Minor subdivision preliminary $ 50.00
Minor subdivision final $ 50.00
Major subdivision preliminary/improvement plan $ 200.00
Major subdivision final plat $ 100.00 plus $1.00 per lot
Boundary adjustment $ 50.00
(R.O. 2009 §25-20; Ord. No. 2928 §25-20, 12-22-99; Ord. No. 3512 §I(25-20), 2-9-05)
A. Whenever the Building Official finds any work being performed in violation of the requirements of this Chapter, the Building Official is authorized to issue a stop work order.
B. The stop work order shall be in writing and shall be given to the owner of the property involved or to the owner's representative or to the person on site conducting the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason and conditions under which the cited work will be permitted to resume.
C. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or alleviate an unsafe condition, shall be guilty of an ordinance violation and subject to penalties as prescribed by law. (R.O. 2009 §25-21; Ord. No. 2928 §25-21, 12-22-99; Ord. No. 3588 §I(25-21), 10-12-05)
A. Testing And Acceptance. All shall be tested upon completion of construction. Sections of sewer which fail to pass the tests shall have defects located and repaired or replaced and then retested until they meet specified allowance. All testing work shall be performed by the contractor. The contractor shall provide all equipment and materials for testing. All tests shall be performed in the presence of the City.
B. Allowable Testing Limits. Low-pressure air shall be introduced into the sealed pipe line until internal air pressure reaches four (4) pounds per square inch (psi) greater than the average back pressure that may be over the pipe. At least two (2) minutes shall be allowed for the air pressure to stabilize. After the stabilization period, the air pressure shall not fall more than one-half (½) pound over a five (5) minute period. The City must be present for all testing.
C. Deflection Tests.
1. Deflection tests shall be performed on all flexible pipe. The test shall be run not less than thirty (30) days after final backfill has been placed.
2. No pipe shall exceed a deflection of five percent (5%).
3. If the deflection test is to be run using a rigid ball or mandrel, they shall have diameters equal to ninety-five percent (95%) or the inside diameter of the pipe and the tests shall be performed without mechanical pulling devices.
D. Lamping. Three-fourths (¾) of the pipe circle shall be observed both horizontally and vertically.
E. Manhole Testing. Each manhole shall be subjected to an exfiltration test. The test is acceptable when no water loss is observed for at least fifteen (15) minutes. (R.O. 2009 §28-73; Ord. No. 2928 §28-73, 12-22-99)