(a)

It is unlawful for any person to subdivide land within the city without having first complied with the provisions of these regulations.

(b)

The standards in this chapter shall apply to all subdivisions or re-subdivisions that result in the portioning, dividing, combining, altering of any parcel of land into two or more parcels, or other divisions of land, except any subdivisions that are specifically excluded by state law or are defined as minor subdivisions. However, unless the method of disposition is adopted for the purpose of evading the requirements of these regulations, this procedure shall not apply to any division of land that:

(1)

Is created by any transfer by operation of law;

(2)

Creates cemetery lots;

(3)

Creates an interest or interests in oil, gas, minerals, or water that are severed from the surface ownership of real property;

(4)

Is created by the acquisition of an interest in land in the name of spouses or other persons in joint tenancy, or as tenants in common of such interest. For the purpose of this paragraph, any interest owned in joint tenancy shall be considered a single interest; or

(5)

Creates a leasehold interest with a term of less than 20 years, and involves no change in use or degree of use of the leasehold estate.

(Ord. No. 2018-0030, § 2, 4-10-2018)

The purposes of these regulations include, but are not limited to the following:

(1)

Protect the health, safety, and general welfare of the city;

(2)

Guide future growth in accordance with the adopted comprehensive plan;

(3)

Ensure the provision of adequate public facilities and services for subdivisions;

(4)

Protect the character, economic, and social stability of the city;

(5)

Establish reasonable standards for orderly layout of subdivided land;

(6)

Prevent the pollution of air, streams, ponds, lakes; assure the adequacy of drainage facilities; safeguard the water table; encourage the wise use and management of natural resources; preserve the integrity, stability, and beauty of the community and value of the land; and

(7)

Preserve the natural beauty and topography of the city, and ensure appropriate development with regard to those natural features.

(Ord. No. 2018-0030, § 2, 4-10-2018)

(a)

Purposes. The site design must respect and enhance physical and natural qualities of the site, and retain the positive qualities of the existing environment. It should utilize existing topographic features and improvements where feasible, and shall be located to complement and conform to the site's topography rather than changing it to accommodate a preconceived design.

(b)

Manuals and specifications.

(1)

All improvements required under the provisions of this article shall be constructed in accordance with the design criteria, specifications, and plan requirements of the city as identified in the Code and these regulations, and, where applicable, the requirements and authorization of the appropriate state agency or utility company.

(2)

No applicant shall be relieved of the duty to construct public improvements for the subdivision until all public improvements are constructed, approved, and accepted by the city.

(3)

The applicant shall submit plans, profiles, and specifications for the construction of all public improvements for which no specifications or standards are established by the city. Such plans, profiles, and specifications shall be prepared and authenticated over the seal of a design professional, duly licensed to practice in Missouri.

(4)

The planning and development director may require that a subdivision conform to a phasing schedule based upon the scheduled availability of infrastructure to serve the subdivision. A phasing plan shall be submitted for approval at the time of application for preliminary plat, and made a condition of that approval or subdivision agreement.

(c)

Monuments. The applicant shall cause a registered land surveyor to install permanent reference points on all perimeter corners of the property. The construction and placement of permanent markers shall conform to the current minimum standards for property boundary surveys, per state statute.

(d)

Streets.

(1)

The type of pavement which will be accepted and maintained shall be as shown in the Design Criteria for Public Improvement Projects on file in the city clerk's office. All street improvements shall include finish grading of the entire right-of-way.

(2)

Abutting streets shall be improved in accordance with the master street plan where necessary to maintain an acceptable level of service as determined by the public works director. All public streets serving parcels within the city limits shall be extended by the applicant to the boundary line to serve adjacent property. In addition, subdivisions shall be assessed a fee based on the fair share per residential unit to assist in meeting ultimate major street construction costs necessary to serve the development.

(e)

Sidewalks.

(1)

A Portland cement sidewalk shall be constructed on the north, east, or northeast side of all public streets. Seven-foot-wide sidewalks at a minimum shall be provided along arterial, collector and local streets.

(2)

Sidewalks must be constructed at the time of roadway construction along arterial and collector streets.

(3)

Sidewalks on local streets may be deferred until building permits are issued, provided the developer enters into an agreement with the city providing for the construction of sidewalks on all remaining undeveloped parcels of ground after one year has passed from the date of acceptance of streets in the development by the board. This agreement shall be recorded along with the final plat, and shall be binding upon all heirs, successors, and assigns of the original parties.

a.

The agreement shall provide that, upon notification by the city to the property owner of record, sidewalks shall be constructed in accordance with city standards within 60 days, weather permitting.

b.

Should sidewalks not be completed within that time period, the city may proceed with the sidewalk construction and levy a special assessment against the property for the cost thereof as provided by state law.

(4)

In locations where sidewalks are needed along local streets prior to building construction to provide access to parks, bus stops, or other activities normally reached by foot, the public works director will require sidewalks along one side of the local street at the time of roadway construction.

(f)

Storm drainage systems and facilities.

(1)

Connection required. Where a storm drainage system is reasonably accessible, the applicant shall connect with such storm drainage system, do all grading, and provide all drainage structures that are necessary to properly carry the water to locations which are acceptable to the public works director.

(2)

Stormwater detention. Stormwater detention facilities, or sedimentation facilities, shall be constructed as required to control off-site drainage impacts.

(3)

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

(4)

Easements. Drainage easements for storm sewers may be required. Easements for open channel drainage may be required where deemed necessary by the public works director.

(g)

Sanitary sewer systems and facilities.

(1)

A sanitary sewer system shall be constructed by the applicant in accordance with the requirements of the specifications on file in the office of the public works director.

(2)

Sewers shall be extended to the boundary line to serve adjacent property, except where adjacent property can be served by future sewer extension through dedicated rights-of-way. Such sewers shall be of adequate size to serve the upstream basin.

(h)

Water supply. A public water system shall be constructed by the applicant in accordance with the specifications on file in the office of the public works director, and water lines shall be constructed to the far property line of the proposed subdivision in all cases.

(i)

Utilities.

(1)

Power distribution lines. Power distribution lines shall be installed underground in all subdivisions adjacent to parcels proposed for residential use, except in the case of a subdivision containing five or fewer parcels where overhead lines are in existence on abutting property. Power lines classed as transmission or three-phase feeder need not be placed underground. All such installations shall be in conformance with minimum standards and practices of the power company having jurisdiction.

(2)

Telephone, cable, and communication lines. Telephone, fiber-optic cable, or other communication lines shall be installed underground in all subdivisions adjacent to parcels proposed for residential use, except in the case of a subdivision containing five or fewer parcels where overhead telephone lines are in existence on abutting property.

(3)

Easements.

a.

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

b.

Utility easements shall connect with easements established in adjoining properties and with easements proposed by official city plans.

c.

Additional easements for pole guys shall be provided at the outside of turns, except where underground utilities are ensured. Where possible, parcel lines shall be arranged to bisect the exterior angle so that pole guys will fall along the side parcel lines.

d.

The design and dimension of easements shall be such that reasonable access by four-wheeled maintenance vehicles is ensured.

(Ord. No. 2018-0030, § 2, 4-10-2018)

(a)

Lots.

(1)

The minimum parcel width and area shall be governed by the zoning code.

(2)

Corner parcels for residential use shall be not less than ten feet wider than the average parcel width in the block.

(3)

Side lines of parcels shall be approximately at right angles to street lines, or radial to curved streets and highways.

(4)

Double frontage parcels should be avoided, except where parcels back on major streets and highways.

(5)

Every parcel shall relate to a street with adequate frontage for proper and safe vehicular access.

(6)

Residential parcels shall not face on arterial streets, and should be minimized on collector streets.

(b)

Blocks. In general, intersecting streets determine block lengths, and shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets or customary subdivision practices in the neighborhood. Where no existing plats control block length, the blocks in residential districts shall not exceed 1,320 feet in length. Pedestrian ways and easements through the block may be required to serve nearby public facilities.

(c)

Streets.

(1)

Coordination with existing street system.

a.

Arrangement and design of major streets in the subdivision shall conform as nearly as possible to the city's major street plan, and provisions shall be made for the extension of major and secondary thoroughfares.

b.

Except for courts and culs-de-sac, streets shall:

(i)

Connect with streets already dedicated in adjoining or adjacent subdivisions;

(ii)

Provide for future connections to adjoining unsubdivided tracts; or

(iii)

Be reasonable projections of streets in the nearest subdivided tracts.

(2)

Residential streets. Residential streets shall be designed to discourage their use by nonlocal traffic. Subdivisions shall be designed with an appropriate collector and arterial street system so that no local street carries more than 1,500 average daily trips as determined by appropriate traffic studies. Places, courts, or culs-de-sac may be permitted where topography or other conditions justify their use. A turnaround shall be provided at the closed end with an outside curb radius of at least 40 feet and a right-of-way radius of not less than 50 feet. Such cul-de-sac streets shall not be longer than 500 feet.

(3)

Provision for future streets. When a tract is subdivided into large parcels that could be subject to future resubdivision, such parcels shall be so arranged as to permit the continuous location and opening of future streets and appropriate replats with provision for adequate utility connections for such replats.

(4)

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

(5)

Offset at intersections. Streets entering the opposite sides of a street shall either be directly across from each other or offset a minimum of 250 feet measured from centerline to centerline.

(6)

Frontage or service streets. A frontage or service street may be required where frontage along a controlled access street or highway is to be subdivided.

(7)

Alleys.

a.

Alleys shall not be less than 20 feet wide.

b.

Intersecting alleys shall have corner cutoffs of at least 20 feet on a side.

c.

Dead-end alleys shall be avoided whenever possible, but, if unavoidable, such dead-end alleys may be approved if adequate turnaround facilities are provided at the closed end.

(8)

Half streets. Dedication of half streets will not be approved, except where such dedication will serve the public interest and the improvement of the entire street is ensured.

(9)

Right-of-way and pavement width. For all public ways hereafter dedicated and accepted, the minimum right-of-way and pavement widths of streets and pedestrian ways included in any subdivision shall not be less than the minimum dimensions, shall be within the prescribed grade range for each classification, and shall be in accordance with the major street plan.

(10)

Street design standards. Street design standards shall be in correct form with the most current version of the Design Criteria For Public Improvement Projects, which is on file in the city clerk's office.

(Ord. No. 2018-0030, § 2, 4-10-2018)

(a)

Purpose. The purposes of open space dedication and the requirements of this section are to:

(1)

Preserve land for open space and recreational opportunities, preferably in a natural or semi-natural state, in perpetuity for the enjoyment of residents and visitors;

(2)

Support the creation of a well-connected, non-vehicular transportation system in order to provide choices for bicyclists and pedestrians;

(3)

Serve environmental, scenic, and agricultural purposes, and provide habitat for wildlife; and

(4)

Ensure that dedicated open spaces are located on suitable and unencumbered land that is not leftover, remnant, or otherwise unusable land that was not appropriate for the overall subdivision design.

(b)

Open space dedication required.

(1)

All residential subdivisions shall, as part of the final plat process, dedicate land or an equivalent cash-in-lieu payment for open space for public use. This requirement shall apply to newly platted areas as well as areas that are being replatted. Final determinations as to dedication of land, including location thereof, or acceptance of cash-in-lieu thereof, shall be made by the board, upon recommendation by the park board and planning commission.

(2)

The provisions of this section are minimum standards. None of the sections previously set out shall be construed as prohibiting an applicant from dedicating or reserving more land for recreational purposes than required by this section.

(c)

Open space shown on preliminary plat. Land areas proposed for dedication shall be shown on the preliminary plat for consideration by the city as part of the review and approval process. Dimensions, location, and topographic features of the proposed open space shall be shown on the plat to permit a thorough review and determination of the flexibility and usability of the property. Prior to approval of a preliminary plat proposing the dedication of open space, the park board shall review and make a recommendation on the acceptance of the proposed dedication.

(d)

Calculation of required open space.

(1)

Public open space. The area of such open space for public use shall be based upon a calculation of the anticipated residential population of the subdivision when fully developed, as follows:

a.

The area/population shall be at the rate of 20 acres of park land per 1,000 persons.

b.

Such population shall be determined on the basis of three persons per family unit for development on single-family and two-family development, and two persons per family unit in other multiple-family areas.

(2)

Private open space.

a.

In some cases, private open space may be provided in a proposed subdivision to meet up to half of this requirement. Such space is to be privately owned and maintained by the future residents of the subdivision and such areas shall be termed as open space reservations. Such reservations of open space shall be subject to the following standards:

(i)

Yards, court areas, setbacks, and other open areas required to be maintained by the Code shall not be included in the computation of such private open space;

(ii)

The private ownership and future maintenance of the open space shall be adequately provided for by written agreement;

(iii)

The use of the private open space shall be restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract, and which cannot be defeated or eliminated without the consent of the city;

(iv)

The proposed private open space shall be reasonably adaptable for use of park and recreational purposes, taking into consideration such factors as shape, topography, geology, access, and location of the private open space land; and

(v)

The open space reservation will be applied toward meeting no more than one-half of the dedication requirements as calculated in this section.

b.

In order to ensure that the city is protected from future maintenance of such private open space, a copy of the private restrictions is required for future reference by the city and shall be submitted with the final plat or condominium split application. In cases of condominium units, common elements are as defined in this chapter, and include common land (as in residential development), and other parts of the condominium property necessary or convenient to its existence, maintenance, and safety, or normally in common use and described or provided for in the declaration.

(e)

Location of required open space. All plats should provide for the dedication of open space at locations designated in the parks and open space element of the comprehensive plan, or any other master plan adopted by the city. Further, the city shall review and evaluate proposed dedication based upon the criteria and standards contained in such document. If a proposed dedication does not meet the criteria and standards, it may be rejected.

(f)

Dedication of land or payment of cash in-lieu of dedication.

(1)

The dedication of land for public use shall be conveyed by the applicant in fee absolute title by warranty deed to the city. Such land shall be free of liens, special assessments, and other encumbrances, and shall have all taxes paid to the year of dedication. The location of boundaries of such land shall be marked with permanent monuments in accordance with this chapter.

(2)

Payment of cash-in-lieu of such dedication shall be at the rate of $15,000.00 per acre for required park land based upon acreage requirements as calculated by the formula in this section. If this rate is not acceptable to the applicant, the values per acre shall be determined by an appraiser, agreed upon between the applicant and the city, or, failing such agreement, by a real estate appraiser's commission consisting of one appraiser appointed by the applicant, one appraiser appointed by the city, and a third appraiser to be appointed by previously appointed appraisers, which decision by a majority shall be controlling. Reasonable compensation of the appraisers shall be paid by the applicant. The amount so determined shall be paid prior to approval of the final plat.

(Ord. No. 2018-0030, § 2, 4-10-2018)

(a)

Purpose. The purpose of a conservation design subdivision is to allow the creative design of subdivisions as an alternative to conventional, large-lot subdivisions. The option will allow applicants to design subdivisions creatively to avoid placing residential buildings in floodplain or wetlands, on steep slopes, or within critical wildlife habitats and other environmentally sensitive areas. The option allows residential units to be clustered on small lots while maintaining the allowable density. In turn, the option requires that a portion of the property be set aside as a managed "conservation area" that will have a limited range of allowed uses and activities.

(b)

Applicability. To be eligible for the conservation design subdivision option, the parcel of land shall be located within either the agricultural or a residential district.

(c)

Allowed uses. In a conservation design subdivision, the proposed uses shall be limited to residences, agriculture, and non-motorized recreational uses. Only agriculture, open space, forestry, non-commercial greenhouses, and non-motorized recreational uses are allowed in the conservation area(s).

(d)

Components of a conservation design subdivision. A conservation design subdivision is comprised of two components: (A) the conservation area(s), and (B) the residential cluster. The conservation area(s) is the larger portion of the development parcel that is platted as a separate parcel and permanently conserved for passive open space, limited impact uses identified as part of the subdivision approval process, or non-motorized recreation uses. The residential cluster is the portion of the development parcel that is subdivided into parcels for residential development and accessory uses.

(e)

Conservation design subdivision standards. In addition to the general subdivision design standards, the following standards shall apply to conservation design subdivisions:

(1)

Maximum dwelling units. The maximum dwelling units allowed within the residential cluster shall be determined by multiplying the total area of the tract of land by the maximum allowable density of the underlying zoning.

(2)

Minimum conservation area.

a.

Conservation area(s). The minimum percentage of the conservation design subdivision parcel's gross land area that shall be set aside as conservation area(s) is 50 percent. The conservation area(s) and its calculated percentage of the gross area shall be clearly delineated on the conservation design subdivision plat. The acreage, intended use, and final ownership of all conservation area tracts shall be shown on the plat.

b.

Conservation lot(s). Up to two conservation lots may be designated for a parcel, provided that the minimum 50 percent conservation area is set aside within the conservation lot(s).

(3)

Location of conservation areas. The conservation areas shall be delineated to include the following features:

a.

Streams, rivers, waterbodies, wetlands, and other sensitive or unique natural features along with required setbacks as identified in this chapter;

b.

Floodplains and alluvial soils;

c.

Steep slopes (30 percent or greater);

d.

Woodlands, natural areas, and wildlife habitats and corridors;

e.

Scenic views, especially of natural and cultural features, including views from public spaces and roads, as well as views from potential home sites; and

f.

Identified historic and cultural features.

(4)

Contiguous conservation area(s). To the maximum extent feasible, the conservation area(s) shall be contiguous to similar areas on adjacent properties.

(f)

Location of residential lots. The buildable residential lots and all public and private roads shall be sited to be located outside the delineated conservation areas.

(Ord. No. 2018-0030, § 2, 4-10-2018)