Developers are responsible (both physically and financially) for the installation of the following subdivision improvements:

14-600-01-A.

Monuments;

14-600-01-B.

Sidewalks;

14-600-01-C.

Utilities;

14-600-01-D.

Fire hydrants;

14-600-01-E.

Erosion control measures;

14-600-01-F.

Streets;

14-600-01-G.

Street lights;

14-600-01-H.

Topsoil, landscaping and screening;

14-600-01-I.

Traffic control signs and markings;

14-600-01-J.

Easements; and

14-600-01-K.

Any other subdivision improvements required as a condition of plat approval.

Required improvements must be installed in accordance with the provisions of this development ordinance, the Design and Construction Manual, and the City Code.

(Ord. No. 19485, § 1, 9-18-2023)

14-600-03-A.

Options. After the engineering plans have been approved and all inspection fees paid, but before the final subdivision plat is released by the City for recording, the developer must complete or guarantee the completion of required improvements and guarantee maintenance of such improvements. Except as expressly provided in subsection 14-600-03-B, the developer must either:

1.

Complete the required improvements in accordance with the approved engineering plans and provide a maintenance agreement and maintenance deposit; or

2.

Establish a construction deposit and a separate maintenance deposit.

14-600-03-B.

Exceptions.

1.

No surety is required for electrical, water, telephone, natural gas, or cable television improvements. This provision does not affect the intent or enforcement of any existing guarantee, escrow or renewal, extension or replacement required by those agencies.

2.

The Community Development Director or Municipal Services Director may mandate that specific required improvements be installed before approval of the final plat, issuance of a building permit, or issuance of a certificate of occupancy, if they determine that failure to install the improvement prior to further development could result in damage to the site, surrounding properties or threats to the public health safety or general welfare.

3.

No building permits may be issued for model homes until the sanitary sewer is operational and accepted, all fire hydrants required to serve the subject development and at least the 1st lift of asphalt has been installed on subdivision streets. The maximum number of model homes is five homes per project phase.

4.

All required subdivision perimeter and entryway landscaping and all required perimeter screening must be installed at the first seasonal planting opportunity after the final plat is recorded. All remaining common area landscaping and landscaping not on an individual lot must be installed at the first seasonal planting opportunity after the first certificate of occupancy in the subdivision is issued.

5.

The developer must install all required sidewalks on all open space and common subdivision properties no later than three years after the date that the abutting street is accepted. The developer must also install the required sidewalks on all vacant lots to connect to sidewalks on adjoining occupied lots to the nearest intersecting street no later than three years after the date that the abutting street is accepted to provide a continuous length of sidewalk. The sidewalk for each individual lot must be completed and approved before an occupancy permit for a building on the lot is issued. If less than 65 percent of the lots facing the same direction between two adjacent streets have been built, the developer may install an alternative temporary surface across the front of any undeveloped lot until such time as that lot is developed, but not for a period greater than six years. Any alternative surface must be approved by the Director of Municipal Services.

(Ord. No. 19485, § 1, 9-18-2023)

14-600-04-A.

General. Required construction deposits and maintenance deposits may be in the form of cash, letter of credit or surety bond. A deposit agreement, signed by the developer, must be provided with each deposit.

14-600-04-B.

Cash Deposits. Interest on cash deposits will accrue to the City to offset administrative and other costs of maintaining the cash deposits.

14-600-04-C.

Letters of Credit.

1.

Letters of credit must be in the form of an irrevocable letter of credit drawn on a local financial institution, in a form approved by the City Counselor and either the Municipal Services Director or the Community Development Director.

2.

The instrument may not be drawn on any financial institution with whom the developer or a related entity has any ownership interest or with whom there is any joint financial connection that creates any actual or potential lack of independence between the institution and the developer.

3.

A letter of credit must provide that the issuing institution will pay on demand to the City such amounts as the City may require to fulfill the developer's improvement and maintenance obligations and may be reduced from time to time in writing upon direction of the Municipal Services Director or Community Development Director.

4.

A letter of credit must be irrevocable for least one year and must state that any amount related to work not completed at the expiration will automatically be deposited in cash with the City, unless a new letter of credit is issued and agreed to by the City or the City issues to the institution a written release of the obligations for which the letter of credit was deposited.

5.

The developer must pay a non-refundable fee of $200.00 to the City with submission of a letter of credit and $100.00 for any amendment or extension of a letter of credit, to partially reimburse the City's administration and review costs in accepting and maintaining letters of credit.

14-600-04-D.

Surety Bonds.

1.

Surety bonds must be issued by one of the top three rated surety bond carriers (as rated by A.M. Best and Company), in a form approved by the City Counselor.

2.

Surety bonds must be payable at a local financial institution, with a final expiration date of not less than six months after the initial period allowed for completion of the required improvements.

3.

Surety bonds must be drawn in favor of the City and guarantee to the City the unlimited availability, from time to time upon demand, of the balance under the deposit agreement to guarantee the improvement and maintenance obligations of the developer.

4.

Surety bonds may not be used for deposits in those instances where the amount of the surety will be $25,000.00 or more.

(Ord. No. 19485, § 1, 9-18-2023)

14-600-05-A.

Construction deposit. The amount of a required construction deposit must be at least equal to 110 percent of the City's estimate of the cost of the construction, completion and installation of required improvements.

14-600-05-B.

Maintenance deposit. The amount of a required maintenance deposit must be equal to at least 35 percent of the City's estimate of the cost of the construction, completion and installation of the required improvements except for street improvements, stormwater management facilities, and sanitary sewer improvements. Maintenance deposit must be in the form of cash deposit or a separate letter of credit.

14-600-05-C.

Prior approvals. If improvements are required to be installed before approval of the final plat, the construction deposit amount must be reduced by the estimated cost of already-installed improvements.

Deposit agreements must be in a form approved by the City Counselor.

14-600-07-A.

Authority. The Municipal Services Director or the Community Development Director may authorize release or reduction of required construction deposits. Such releases or reductions may be authorized only upon completion, inspection and approval of required improvements by the Municipal Services Director or the Community Development Director, as appropriate.

1.

The Municipal Services Director is responsible for inspecting, approving and accepting monuments, sidewalks, streets, stormwater facilities, sanitary sewers, erosion and sedimentation control devices, grading, as-built drawings for such improvements, and other required engineering or Municipal Services related improvements.

2.

The Community Development Director is responsible for inspecting and approving landscaping, trees, screening.

14-600-07-B.

Extension of Completion Period.

1.

If, at the end of the improvement completion period, all improvements shown on the approved engineering plans have not been completed, the developer may request, and the Municipal Services Director or the Community Development Director may grant, an extension of the improvement completion period for a period of up to two years.

2.

In order to grant the extension, the Municipal Services Director or the Community Development Director must determine that the extension is necessary to facilitate adequate and coordinated provision of transportation, sanitary sewer, playgrounds, or other improvements, facilities or requirements.

3.

In the event of an extension, deposits must be extended and approved by the Municipal Services Director or the Community Development Director.

4.

The City may require as a condition of the extension, execution of a new agreement, recalculation of deposit amounts, or satisfaction of new development ordinance requirements or other reasonable conditions.

14-600-07-C.

Deposit Release Procedure.

1.

After completion of any component of the required improvements, the City shall release the original construction deposit in accordance with RSMo 89.410, as amended.

2.

The City is authorized to establish the improvement categories, which may consist of improvement components or line items to be utilized for calculation of deposit amounts, but such categories, components, and line items that in no way modify or reduce the developer's guarantee as to all required improvements, irrespective of any release or completion of any category, or underlying component or line item.

3.

All improvements in a category may be deemed complete only when: (1) each and every component and line item within a category for the entire subdivision has been constructed and completed as required, (2) the developer has notified the City in writing of the completion of all components of the category, provided all necessary or requested documentation, and requests an inspection, (3) the developer is not in default or in breach of any obligation to the City under this section including, but not limited to, the City's demand for maintenance or for deposit of additional sums for the subdivision, (4) the inspection has been completed and the results of the inspection have been approved in writing by the Municipal Services Director and the Community Development Director.

14-600-07-D.

Effect of Release.

1.

After release of the construction deposit, the developer will continue to be responsible for defects, deficiencies and damage to public streets and other required improvements during development of the subdivision.

2.

Inspection and approval of any or all required improvements does not constitute acceptance of the improvement by the City as a public improvement for which the City bears any responsibility.

14-600-07-E.

Final Construction Deposit Release. Upon final inspection and approval of all required improvements, the remaining amount of the construction deposit must be released, provided that the deposit may not be released until development of the subdivision is complete, as determined by the Directors of Municipal Services or Community Development and the as-built drawings required by Chapters 17 and 20 of the City Code have been submitted to and approved by the Director of Municipal Services.

(Ord. No. 19485, § 1, 9-18-2023)

14-600-08-A.

Scope. Upon commencement of installation of the improvements within the subject subdivision, the developer is responsible for maintenance of those improvements including those on undeveloped lots and landscaping in common areas. This maintenance shall include:

1.

Repair or replacement of all defects, deficiencies and damage to improvements that may exist or arise;

2.

Abatement of nuisances caused by improvements;

3.

Removal of mud and debris from construction sites and streets;

4.

Erosion control

5.

Grass cutting and replacement of dead and damaged landscaping; and

6.

Removal of construction debris from building lots and common/open space tracts.

14-600-08-B.

Duration. Maintenance guarantees must remain in place for at least 24 months after publicly dedicated improvements are accepted by the City or for at least 24 months after occupancy permits have been issued on 95 percent of all of the lots in the subdivision. The maintenance obligation for improvements to existing public streets or other existing public infrastructure already maintained by a governmental entity terminate after the date that such improvements have been accepted. The developer's street de-icing and snow removal obligations terminate on the date that the subject street is accepted for public maintenance.

14-600-08-C.

Amount and Use.

1.

Maintenance deposits will be retained by the City to guarantee maintenance of required improvements.

2.

Maintenance deposits may be used, by order of the Municipal Services Director or Community Development Director, to defray or reimburse any costs to the City of maintenance or repair of improvements related to the subdivision that the developer fails or refuses to perform. Such costs include off-site damage caused by deficiencies in the improvements or failure of maintenance.

3.

Except in emergency circumstances or where action is otherwise required before written notice can be provided, the Municipal Services or Community Development Director must provide the developer with a written demand and opportunity to perform the maintenance before having such maintenance performed by the City.

4.

The Municipal Services Director and Community Development Director have authority to require the maintenance deposit to be placed or replenished by the developer in any form permitted for an original deposit where the amount remaining is determined to be insufficient or where the maintenance deposit was drawn upon by the City for maintenance.

5.

In determining the amount of maintenance deposit to be held, portions of the deposit amount that were attributable to improvement that have been accepted by any third-party governmental entity or utility legally responsible for the maintenance of the improvement may be released upon such acceptance of the improvement by the entity. The Municipal Services or Community Development Director may approve such further releases if they determine, after inspection of the improvements, that the total maintenance amount retained exceeds the amount necessary for completion of the maintenance obligation, after all reasonable contingencies are considered.

14-600-08-D.

Final Maintenance Deposit Release. Upon expiration of the developer's maintenance obligations, the Municipal Services Director or Community Development Director must perform a final inspection of the required improvements. Funds must then be released if there are no defects or deficiencies found and all other obligations are shown to be satisfied during the inspection, or at such time as any defects or deficiencies are cured with the permission of, and within the time allowed by, the Municipal Services and Community Development Directors. This release does not constitute indemnification or release of any person from any civil liability that may exist for defects or damages caused by any construction, improvement or development for which any deposit have been released.

(Ord. No. 19485, § 1, 9-18-2023)

14-600-09-A.

The obligation of the developer to construct, complete, install and maintain improvements shown on the approved engineering plans and provide continuing street maintenance does not cease until the developer is officially released from such obligations by the City.

14-600-09-B.

No deposits, agreements or obligations may be assigned by the developer without the express written approval of the City, in a form approved by the City Counselor.

14-600-09-C.

If, after the improvement completion period and any extensions granted, the improvements indicated on the approved engineering plans are not constructed, completed, installed, accepted and maintained as required, or if the developer violates any provision of the deposit agreement, the Municipal Services Director or Community Development Director may notify the developer to show cause, within ten days, why the developer should not be declared in default.

14-600-09-D.

Unless good cause is determined to exist by the Municipal Services Director or Community Development Director, no building or other permit may be issued to the developer in the subdivision during any period in which the developer is in violation of the deposit agreement or City Code relating to the subdivision.

14-600-09-E.

If the developer fails to cure any default or present compelling reason why no default should be declared, the Municipal Services Director or Community Development Director must declare the developer in default and take any one or more of the following actions:

1.

Deem the balance under the deposit agreement forfeited to the City, in which case the funds will be placed in an appropriate account subject to the order of the Municipal Services Director or the Community Development Director for the purpose of letting contracts to bring about the completion or maintenance of the improvements indicated on the approved engineering plans or other appropriate purposes in the interest of the public safety, health and welfare;

2.

Require the developer or surety to pay to the City the balance of the surety; or

3.

Require the developer to submit an additional cash sum sufficient to guarantee the completion or maintenance of the improvements indicated on the approved engineering plans after recalculation in order to allow for any inflated or increased costs of constructing or maintaining the improvements.

14-600-09-F.

The failure of a developer to complete the improvement obligations within the time provided by the agreement (or any extension granted by the City), and including the payment of funds to the City due to such failure or an expiration of a letter of credit, will be deemed an automatic act of default entitling the City to all available remedies without further or prior notice.

14-600-09-G.

It is the developer's sole responsibility to request an extension of any deposit agreement if the improvements are not completed in the original time period provided by the deposit agreement. No right to extension exists or should be assumed.

(Ord. No. 19485, § 1, 9-18-2023)

14-600-10-A.

Applicability. The "other remedies" provided in this section may be used if:

1.

The developer or surety fails to comply with the Municipal Services Director's or Community Development Director's requirements for payment; or

2.

The developer fails to complete the improvements as required; or

3.

The developer otherwise violates the deposit agreement provisions; or

4.

There is a risk that development will continue in the subdivision without the timely completion of improvements or compliance with deposit agreement provisions.

14-600-10-B.

Available Remedies. The following "other remedies" are authorized:

1.

The Municipal Services Director or Community Development Director may suspend the right of anyone to build or construct on the undeveloped portion of the subdivision.

(a)

For the purpose of this provision, the "undeveloped portion" of the subdivision means all lots other than lots that have been sold for personal use and occupancy or are under bona fide contract for sale to any person for personal use or occupancy.

(b)

The Municipal Services Director or Community Development Director must give the developer at least ten days' written notice of an order under this subsection, with copies to all sureties who have outstanding obligations for any undeveloped portion of the subdivision.

(c)

If, within the ten-day period after notice is given, the Municipal Services Director or Community Development Director determines that completion of the improvements and maintenance of streets has not been adequately assured, they may order construction suspended on the undeveloped portion of the subdivision.

(d)

The order must be served on the developer, with a copy to the issuer of the surety, and a copy recorded with the County Recorder of Deeds. Public notice of the order must be conspicuously and prominently posted by the Municipal Services Director or Community Development Director at the subdivisions or lots subject to the order. No City official may authorize construction to take place contrary to the order.

(e)

The suspension may be rescinded in whole or in part only when the Municipal Services Director or Community Development Director is convinced that completion of the improvements is adequately assured in all or an appropriate part of the subdivision and a guarantee of public street maintenance provided.

2.

The Municipal Services Director or Community Development Director may suspend the rights of the developer, or any related entity, to construct structures in any development platted after the effective date of the suspension throughout the City's jurisdiction.

(a)

The Municipal Services Director or Community Development Director must give the developer at least ten days' written notice of an order under this clause, with a copy to sureties known to have obligations outstanding on behalf of the developer or related entities.

(b)

Municipal Services Director or Community Development Director must record an affidavit of the notice with the County Recorder of Deeds.

(c)

If, within the ten-day period after notice is given, the Municipal Services Director or Community Development Director determines that completion of the improvements and maintenance of streets has not been adequately assured, they may order construction suspended.

(d)

The order must be served upon the developer, with a copy to the surety, and a copy recorded with the County Recorder of Deeds. No City official may authorize construction to take place contrary to the order.

(e)

The suspension may be rescinded in whole or in part only when the Municipal Services Director or Community Development Director is convinced that completion of the improvements is adequately assured in all or an appropriate part of the subdivision and a guarantee of public street maintenance provided.

14-600-10-C.

Additional Remedies.

1.

If any party fails to comply with any obligation under this article, the Municipal Services Director or Community Development Director may recommend that the City Counselor take appropriate legal action and may also withhold any building or occupancy permits to this developer or related entities until such compliance is cured.

2.

The City has the right to partially or wholly remedy a developer's deficiencies or breached obligations under this development ordinance by set-off of any funds or developer assets otherwise held by the City, to the maximum extent permitted by law. Such set-off may occur upon written notice to the developer from the Municipal Services Director or the Community Development Director after the developer has failed to timely cure the deficiencies.

3.

Every deposit agreement authorized under this development ordinance must include provisions requiring that the developer pay the City's costs, including reasonable attorney's fees, for enforcing such agreement in the event that the developer is judicially determined to have violated any provision of this development ordinance or in the agreement. The developer may appeal any decision taken pursuant to this section by filing an appeal under the City's administrative review procedure.

14-600-10-D.

Related Entities.

1.

For purposes of this section, a developer is a "related entity" of another person:

(a)

If either has a principal or controlling interest in the other; or

(b)

If any person, firm, corporation, association, partnership, or other entity with a controlling interest in one has a principal or controlling interest in the other.

2.

The identification of related entities must be supported by documentation from the Secretary of State's Office, for the State of Missouri.

(Ord. No. 19485, § 1, 9-18-2023)

14-601-01-A.

Applicable Regulations and Policies. Subdivisions must be designed and laid out in accordance with:

1.

All applicable City regulations, including this development ordinance;

2.

The comprehensive plan; and

3.

Applicable laws, rules, and regulations of the state and federal government their duly constituted agencies.

14-601-01-B.

Traffic Movement and Pedestrian Circulation.

1.

Subdivisions should be designed to create an integrated system of lots, streets, trails, and infrastructure that provides for efficient movement of people, bicycles and automobiles within the subdivision and to and from adjacent development.

2.

Subdivisions should provide for the efficient movement of through traffic by providing a completely interconnected hierarchy of streets and roads in order to avoid isolation of residential areas.

3.

All subdivisions should be designed to provide safe and attractive pedestrian routes to nearby commercial centers, as well as nearby public/civic, employment and recreation uses.

4.

Street layouts should be uncomplicated, so that emergency services, public services, and visitors can find their way to their intended destinations.

14-601-01-C.

Appearance.

1.

Lot and street designs should be designed to avoid extended distances of rear yard frontage on major roads. When that cannot be avoided, back yards abutting major streets should be buffered with uniform landscaping, fences and/or walls.

2.

Subdivision perimeter areas should include adequate landscaping and buffering to protect future residents of the subdivision and adjacent developments from adverse impacts caused by significant differences in use, development intensity, or building height.

14-601-01-D.

Open Space.

1.

Open spaces should be integrated into and throughout subdivisions, should be connected with one another and with open spaces in adjacent developments, and should include trails that connect to pedestrian routes in the subdivision and to regional trail systems.

2.

Open spaces anticipated for use as active or developed parks should be located on relatively flat, well-drained terrain.

3.

Open spaces not anticipated for use as active or developed parks should be located on prominent high points with significant views, or along significant and interesting geological features or wooded areas or along significant drainages.

4.

Open spaces that are anticipated to serve as trail corridors should be continuous with anticipated trail corridors on adjacent properties.

14-601-01-E.

Natural Hazards. Lands subject to flooding, excessive erosion, and subsidence because of soil types or groups, water courses and other drainageways, steep slopes, or other natural hazards may not be platted for residential or other uses in such a way as to present a danger to life or property, or to the public health, safety, or general welfare.

14-601-01-F.

Natural and Cultural Resources.

1.

Subdivisions should be designed in a manner that creates the least damage to the natural environment, avoids to the maximum extent feasible, significant natural resources such as woodlands, wetlands, water bodies, steep slopes, and rock outcroppings. Subdivisions should be designed to preserve trees and native vegetation, ponds, streams, rivers, lakes, hillsides and other natural resources that exist on a site.

2.

Subdivisions should be designed to preserve cultural and historic resources.

14-601-02-A.

In all subdivisions that include land or improvements owned in common the Developer shall provide for the ownership and maintenance in such a manner as to ensure the operation and maintenance of the common area and improvements. The method chosen to accomplish this requirement may be a property owners association, neighborhood improvement district, conveyance to third parties outright or in restricted fashion, easements, trusts and other methods. All methods and means for common area ownership must be approved by the Community Development Director and the City Counselor and may require approval of the City Council.

14-601-02-B.

If a property owners association is assigned responsibility for the maintenance and control of streets, open space, recreational facilities, or other common areas and facilities within a subdivision, that association must have legal authority to maintain and exercise control over the common areas and facilities, including the power to compel contributions from residents or property owners to cover their proportionate share of the costs associated with the maintenance of the common areas and facilities.

14-601-02-C.

The City Council may require the establishment of neighborhood improvement districts to provide funding in case the property owners association or individual property owners fail to properly maintain areas or facilities that are owned in common by a property owner association. A neighborhood improvement district may be dormant at the time of final platting if acceptable property owners association covenants and restrictions are recorded with the final plat. The City may activate the neighborhood improvement district if the property owners association does not properly maintain the common areas or facilities.

The length, width and shape of blocks must be designed and laid out with due regard for:

14-602-01-A.

Topographic conditions and drainage;

14-602-01-B.

Public convenience and safety;

14-602-01-C.

Allowing safe and adequate access for abutting parcels of land; and

14-602-01-D.

Proposed land use and density and intensity of development to be served.

The length, width, and shapes of blocks must be appropriate for site conditions and the type of development contemplated. A maximum block length of 600 feet is recommended; block lengths of more than 1,200 feet are prohibited. Except as otherwise expressly approved through the subdivision review and approval process, blocks must have sufficient width to accommodate two tiers of lots of appropriate depth between street lines.

Lots must be laid out and arranged in a way that presents no foreseeable difficulties in securing permits to build on the lots in compliance with all applicable rules and regulations. Subdivisions may not contain left-over pieces, corners, or remnants of land.

For purposes of solar access, lots should be laid out so that all habitable buildings in the subdivision can be oriented with their long axis running from east to west or within 30 degrees of east-west (to the southwest or southeast).

14-602-05-A.

Lots must comply with the applicable dimensional standards of the underlying zoning district.

14-602-05-B.

Except for lots in an R-A district, the length of a lot may not exceed three times its width unless otherwise expressly approved through the subdivision review and approval process.

14-602-06-A.

Side lot lines must be straight without offsets in residential zoning districts.

14-602-06-B.

Side lot lines must be at right angles to street lines (or radial to curving street lines) unless otherwise expressly approved through the subdivision review and approval process to facilitate a better street or lot plan and the bearing range and distance are noted on each plat parallel to the subject lot lines.

The frontage of every lot must have lawful access to an approved street. Flag lots are prohibited except as otherwise expressly stated.

Lots must be graded so as not to drain across any other lot except in berms and swales provided to carry surface water along rear or side lot lines to streets or drainage ways.

14-603-01-A.

Internal Streets. Developers must improve all internal subdivision streets in accordance with the standards of this development ordinance and the Design and Construction Manual.

14-603-01-B.

External and Adjacent Streets.

1.

Streets Not Included in the Six-Year Excise Tax Capital Improvement Plan. Developers must improve external and adjacent streets that are not included in the Six-Year Excise Tax Capital Improvement Plan in accordance with Article 14-509, including off-site improvements such as turn lanes, traffic control devices and other improvements necessitated by the subject development.

2.

Streets Included in the 6-Year Excise Tax Capital Improvement Plan.

(a)

If an external or adjacent street is scheduled to be improved within three years of the date of final plat approval, the street will be deemed to be adequate unless the City determines that the development of the property included in the plat will result in an unsafe situation necessitating improvements pursuant to the adequate public facility standards of Article 14-509 prior to the completion of the improvements scheduled in the Six-Year Excise Tax Capital Improvement Plan.

(b)

If the street is not scheduled to be improved within three years of the date of the final plat approval, the developer must improve external and adjacent streets in accordance with Article 14-509, including half-street improvements and other off-site improvements such as turn lanes, traffic control devices and other improvements necessitated by the subject development.

14-603-01-C.

Half Street Improvements. Half street improvements to the street classification standard shown on the Comprehensive and Thoroughfare Plans are required for all street frontages along the perimeter of the project boundary, unless the streets are shown as being funded for completion within the City's six year Capital Improvements Program.

(Ord. No. 19485, § 1, 9-18-2023)

14-603-02-A.

The arrangement of major streets must conform to the Thoroughfare Plan.

14-603-02-B.

Streets and street networks serving subdivisions must be designed and laid out with due regard for:

1.

Topographic conditions and drainage;

2.

Public convenience and safety;

3.

Allowing safe and adequate access for abutting parcels of land; and

4.

Proposed land use and density and intensity of development to be served by such streets.

14-603-03-A.

Private streets may be approved as part of a planned unit development.

14-603-03-B.

If approved through the PUD approval process, private streets must be located in access easements with a minimum width of 50 feet. Required external building setbacks must be measured from the outer edge of the access easement, in the same manner that external setbacks are measured from the edge of the right-of-way.

14-603-03-C.

Private streets must be constructed in accordance with the public street specifications of the Design and Construction Manual.

(Ord. No. 19485, § 1, 9-18-2023)

Standards for the minimum right-of-way widths for subdivision streets and alleys are included within the specifications of the Design and Construction Manual.

14-603-04-A.

Subdivisions that encompass existing street rights-of-way that do not comply with minimum right-of-way width standards may be required to dedicate within the subdivisions additional width so as to conform to the standards of this chapter and the Design and Construction Manual. If the subdivision is along one side of the right-of-way only, the width of additional dedication within said subdivision must be established by the City, but existing right-of-way plus required additional dedication may not exceed the full width required for the appropriate street classification.

(Ord. No. 19485, § 1, 9-18-2023)

The minimum pavement width of interior streets and alleys are included within with the specifications of the Design and Construction Manual.

(Ord. No. 19485, § 1, 9-18-2023)

14-603-06-A.

Culs-de-sac must be designed and constructed in accordance with the specifications of the Design and Construction Manual.

(Ord. No. 19485, § 1, 9-18-2023)

Alleys must be provided in commercial and industrial districts except where other means of service access are approved as part of the subdivision review and approval process. Alleys may be provided in all other developments.

14-603-08-A.

Streets must be designed to intersect as nearly as possible at right angles and may not intersect at less a 75-degree angle.

14-603-08-B.

Proposed new intersections along one side of a street should line up with intersections on the other side of the street. Street jogs with centerline offsets of less than 150 feet are prohibited.

14-603-08-C.

Street rights-of-way at intersections must be rounded to a radius of not less than 15 to 25 feet (depending on street type, traffic speeds and expected usage) unless otherwise expressly approved by the Municipal Services Director.

(Ord. No. 19485, § 1, 9-18-2023)

Pedestrian crosswalks may be required by decision-making bodies when blocks exceed 600 feet in width and whenever deemed necessary to provide safe and adequate pedestrian circulation or access to schools, playgrounds, shopping areas, transportation and other community facilities.

14-603-10-A.

Streets in new subdivisions must connect with streets already dedicated in adjacent subdivisions and provide for future extension of streets into adjacent areas that are likely to be developed in the future.

14-603-10-B.

Streets proposed for future extension must be terminated with temporary turnarounds where the distance from an intersecting street line is greater than 200 feet.

The standards for horizontal alignment on all streets are included within the specifications of the Design and Construction Manual.

(Ord. No. 19485, § 1, 9-18-2023)

The standards for reverse curves are included within the specifications of the Design and Construction Manual.

(Ord. No. 19485, § 1, 9-18-2023)

The standards for traffic calming measures are included within the specifications of the Design and Construction Manual.

(Ord. No. 19485, § 1, 9-18-2023)

The standards for signs and traffic control are included within the specifications of the Design and Construction Manual.

(Ord. No. 19485, § 1, 9-18-2023)

Sidewalks must be designed and constructed in accordance with the Design and Construction Manual.

(Ord. No. 19485, § 1, 9-18-2023)

14-603-16-A.

Responsibility for Installation.

1.

Street lights must be designed and installed by the City in accordance with standards established by the City Council upon recommendation of the Municipal Services Director.

2.

Developers must reimburse the City for all costs related to the installation of street lights, including materials and labor.

(Ord. No. 19485, § 1, 9-18-2023)

14-603-17-A.

Names Generally.

1.

Streets that are extensions of, or obviously in alignment with existing streets must bear the name of the existing streets; however, no other streets may bear names that duplicate, or nearly duplicate so as to be confused with the names of existing streets.

2.

All street names must be approved by the City.

14-603-17-B.

Designation of Streets and Avenues.

1.

Thoroughfares running east and west are designated as "streets."

2.

Thoroughfares running north and south are designated as "avenues," except for Main Street, which is designated as a street and except for thoroughfares in the "Old Town Numbering System."

3.

The designation of streets and avenues does not apply to thoroughfares that are designated as "Boulevards," "Terraces," "Drives," "Courts," "Circles," "Roads," etc.

14-603-17-C.

Addresses. All lots fronting on streets must be numbered in conformity with the following provisions:

1.

Odd numbers must be given to lots on the east and south sides of streets, and even numbers to those on the west and north sides of streets.

2.

The Community Development Director must assign at least one full number for every platted lot and also a full number for approximately every 25 feet of frontage of vacant ground, building, or structure, and alpha-numeric for every fractional lot, building house, or structure less than 25 feet.

3.

A full number may be assigned followed by the letter "A" to an entrance leading directly from the street to apartments above.

4.

All numbers must be of metal or paint contrasting to background, at least three inches in height, and must be in full view from the opposite side of the street.

5.

When a lot number or address is assigned with a building permit, such number must be posted in a conspicuous place on the front part of the lot, before work on such building is commenced.

6.

All structures that have an assigned address must display the address in a place visible from the opposite side of the street.

14-604-01-A.

Rear Lot Line Easements. Easements with a width of at least seven and one-half feet must be provided along all rear lot lines, provided that rear lot line easement widths are not required to exceed the interior rear setback requirements of the underlying zoning district.

14-604-01-B.

Front Lot Line Easements. Easements with a width of at least five feet must be provided along all front lot lines, provided that front lot line easement widths are not required to exceed the exterior setback requirements of the underlying zoning district.

14-604-01-C.

Side lot Line and Other Easements. Decision-making bodies are authorized to require side lot line easements and other easements as needed.

14-604-02-A.

Utility Improvements. Utility improvements (water, sewer, storm drainage and detention, electric, etc.) must be provided in accordance with this development ordinance and Chapters 17 and 20 of the City Code.

14-604-02-B.

Underground Requirements. All municipal, public and private utility installations must be placed underground in accordance with standards established by the City Council.

14-604-02-C.

Fire Hydrants. Fire hydrants must be provided in accordance with the fire code and other adopted standards.

The external boundaries and corners of each block and lot must be monumented by iron rods, pipes, or pins not less than one-half inch in diameter and extending at least 24 inches below grade.

Culverts, sewers, and drainage structures must be installed by developers in accordance with the Design and Construction Manual, including required stormwater detention areas and erosion control measures necessary to serve the area included in an approved final plat or final site plan and to the extent necessary to prevent excess run off, flooding, and erosion, improvements identified on the associated plan/plat.

(Ord. No. 19485, § 1, 9-18-2023)

All landscaping, trees and screening must be provided and installed by developers in accordance with the requirements of Article 14-503.

14-607-02-A.

Required improvements for trees must also include the tree preservation provisions of Article 14-503.

14-607-02-B.

Trees within rights-of-way having diameters of greater than 12 inches must be plotted, and the developer may remove such trees and their root systems only where their removal is required by the Municipal Services Director.

(Ord. No. 19485, § 1, 9-18-2023)

No cut trees, timber, debris, junk, rubbish, or other waste materials of any kind may be buried in any land or left or deposited in any subdivision.

Topsoil must be redistributed and sodded or seeded. All seeding must be performed in accordance with the Design and Construction Manual.

(Ord. No. 19485, § 1, 9-18-2023)

In developments of more than 24 units, entryway landscaping and open space of at least 750 square feet must be included and incorporated in the landscape plan.

All subdivisions must meet the following standards:

14-608-01-A.

Walking trails and/or sidewalks must provide access from all areas of the development to adjoining public parks, natural areas, wildlife areas and other development amenities.

14-608-01-B.

Maintenance stipulations for all trails, common areas and open spaces, including subdivision entryways, drainage areas, water detention/retention basins, recreation areas and all areas dedicated as open space on a recorded plat, must be mandated as part of deed restrictions and home owners' association obligations.

14-608-02-A.

Prior to approval of any subdivision of land shown as a proposed park on the City's adopted Park Plan and budgeted for acquisition during the current fiscal year, the developer must give written notice to the City of any intent to subdivide the land.

14-608-02-B.

If the City does not make written notice to the developer within 60 days of receipt of such notice of its intent to acquire the land for park purposes during the current fiscal year, or if the City makes written notice to the developer that it does not intend to acquire the land for park purposes during the current fiscal year, the developer will be free to subdivide and develop the land.

14-608-02-C.

If the City notifies the developer within 60 days of receipt of such notice of its intent to acquire the land for park purposes during the current fiscal year, the land proposed for park purposes may not be subdivided during the fiscal year.

14-609-01-A.

The regulations of this section are intended to encourage subdivision design that is more efficient and provides more open space and greater natural resource protection than conventional development designs. Open space and conservation development designs allow more compact and less costly networks of roads and utilities. They can also help reduce stormwater run-off and non-point source pollutant loading rates and can be used to preserve an area's semi-rural character. Open space and conservation developments are intended to encourage the provision of needed open space and recreational amenities for residents and preserve natural, environmentally sensitive and other resources.

14-609-01-B.

The open space and conservation development standards of this section require that a specified portion of each development be set aside and permanently preserved as open space. The primary difference between "open space" developments and "conservation" developments is the amount of open space that must be preserved.

14-609-01-C.

The required open space area within open space or conservation developments can be used to provide recreational opportunities for the subdivision's residents and/or to conserve and protect significant natural resources.

Open space and conservation developments must comply with the minimum site area and minimum open space standards of Section 14-300-05A (Table 300-2).

Open space and conservation developments must comply with the lot and building standards of Section 14-300-05A (Table 300-2) except as expressly stated in this development ordinance.

14-609-04-A.

The maximum number of dwelling units allowed within an open space or conservation development is computed by dividing the net area of the site by the applicable minimum-lot-area-per unit standard Section 14-300-05A (Table 300-2). Net site area is to be calculated by subtracting all of the following from the site's gross land area:

1.

The floodway;

2.

Jurisdictional wetlands (Army Corps of Engineers) and waterways; and

3.

Water bodies with a contiguous area of more than 5,000 square feet.

14-609-04-B.

If the open space or conservation development site (subdivision) is located in more than one zoning district, the maximum number of dwelling units allowed must be determined separately for each portion of the site lying within a different zoning district. Density may be transferred from one portion of the site to another, provided that such transfers do not result in an increase in the number of dwelling units allowed on the overall site.

14-609-05-A.

Open space and conservation developments are subject to all other subdivision design and improvement standards of this article unless otherwise expressly stated.

14-609-05-B.

Lots and development sites within open space and conservation developments must, to the maximum extent practical, be located outside of areas containing woodlands, grasslands, surface waters, steep slopes drainageways, rock outcroppings and other natural resource features.

14-609-05-C.

Impervious surfaces must be limited and, to the maximum extent practical, be sited and designed to minimize stormwater runoff impact on the watershed's receiving waters by:

1.

Minimizing concentrated stormwater flow;

2.

Breaking up or disconnecting large areas of impervious surface into smaller areas;

3.

Maximizing the use of sheet flow through vegetated areas; and

4.

Maximizing the flow length through vegetated areas.

14-609-06-A.

General. Open space provided to meet minimum open space requirements must be in one or more parcels dedicated or otherwise protected as permanent, active or passive open space.

14-609-06-B.

Use, Location and Design.

1.

Open space must be dedicated or reserved for one or more of the following uses:

(a)

Conservation of, and avoidance of development in, any readily identifiable natural hazard areas, i.e., areas that potentially pose a significant hazard to people or property (e.g., designated floodways, other perennially wetlands, and lands whose slope and/or soils make them particularly susceptible to subsidence or erosion when disturbed by development activities);

(b)

Conservation and protection of any identified significant natural areas (e.g., rare plant communities, important wildlife habitat) or other environmentally sensitive areas where development might threaten water quality or ecosystems;

(c)

Conservation and protection of any identified significant historic or cultural resources; or

(d)

Provision of active and/or passive outdoor recreation opportunities (e.g., ball fields, playgrounds, tennis courts, swimming pools, basketball courts, golf courses, bikeways, walking trails, nature trails, and picnic areas), either for the general public or for the subdivision's residents or employees and their guests;.

2.

Highest priority for the location, design, and use of open space must be given to conserving, and avoiding development in, any natural hazard areas on the subdivision site.

3.

Open space may contain only such buildings, structures, accessways and parking facilities as are necessary and accessory to its principal uses (e.g., pedestrian paths, recreational club houses, utility lines, driveways, parking areas).

4.

Open space areas may not be used for irrigation of reclaimed wastewater.

5.

The location, size, character and shape of required open space must be appropriate for its intended use (e.g., open space proposed to be used for recreation, particularly active recreation, should be located and designed so that it can be accessed conveniently and safely by intended users, and open space to be used for ballfields, playing fields or other active recreational facilities should be located on land that is relatively flat and dry).

14-609-06-C.

Ownership and Management of Open Space.

1.

The applicant must identify the owner of the open space. The designated owner is responsible for maintaining the open space and any associated facilities. If a property owners association is assigned responsibility for the maintenance and control of open space, facilities, or other common areas within a subdivision, membership in the association is mandatory and automatic for all property owners of the subdivision and their successors and the association must have legal authority to maintain and exercise control over the common areas and facilities, including the power to compel contributions from all residents or property owners to cover their proportionate share of the costs associated with the maintenance of the common areas and facilities.

2.

The applicant must submit a management plan for the open space and all common areas. The management plan must:

(a)

Allocate responsibility and guidelines for the maintenance and operation of the open space and any associated facilities, including provisions for ongoing maintenance and for long-term capital improvements;

(b)

Estimate the costs and staffing requirements needed for maintenance, operation and insurance and outline the means by which necessary funding will be obtained or provided;

(c)

Provide that any changes to the management plan be approved by the development review committee; and

(d)

Provide for enforcement of the management plan.

3.

In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the City may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance, plus any administrative costs and penalties, may be charged to the owner, property owner association, or to the individual property owners that make up the property owners association. Unpaid costs will become a lien on all subdivision properties.

14-609-06-D.

Legal Instrument for Permanent Protection.

1.

The open space must be protected in perpetuity by a binding legal instrument that is recorded with the deed. The legal instrument must be one of the following:

(a)

A permanent conservation easement in favor of either:

(1)

A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization must be bona fide and in perpetual existence and the conveyance instruments must contain an appropriate provision for transfer in the event the organization becomes unable to carry out its functions;

(2)

A governmental entity (if the entity accepting the easement is not the City, then a right of enforcement favoring the City must be included in the easement);

(b)

An open space tract protected by a permanent restrictive covenant for conservation purposes in favor of a governmental entity; or

(c)

An equivalent legal tool that provides permanent protection, as approved by the City Counselor.

2.

The instrument for permanent protection must include clear restrictions on the use of the open space. These restrictions must include all restrictions contained in this section, as well as any further restrictions the applicant chooses to place on the open space.

Site plan review, pursuant to Article 14-705, is required for all open space and conservation developments. Site plan review may occur as part of the preliminary plan/plat approval process.