Lake Winnebago City Zoning Code
ARTICLE IX
Subdivision Regulations
Section 400.680 General Provisions.
[Ord. No. 700 §1, 9-26-2007]
A.
Purpose. The purpose of this Article is to:
1.
Protect and provide for the public health, safety and general welfare of the City.
2.
Guide the future growth and development of the City.
3.
Ensure regulations are in place to allow for the orderly division of land and to establish reasonable standards of design for subdivisions.
4.
Ensure adequate and efficient public facilities, including transportation networks, water services, sewer services, drainage, schools, parks, recreation facilities and other public facilities, are provided.
5.
Protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land and to minimize the conflicts among the uses of land and buildings.
6.
Preserve the natural beauty and topography of the City and to ensure appropriate development with regard to these natural features.
B.
Policy. It is hereby declared to be the policy of the City to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the City pursuant to the Comprehensive Master Plan for the orderly, planned, efficient, physical and economical development of the City. Land to be subdivided shall be of such character that it can be used safely for development purposes without danger to health or peril from fire, flood or other menace and land shall not be subdivided until available public facilities and improvements exist and proper provision has been made for drainage, water, sewage disposal and capital improvements, such as schools, parks, recreation facilities, transportation facilities and improvements.
The subdivision of land is a privilege conferred upon the developer by the laws of the State of Missouri and through these regulations. It is the developer who is seeking to acquire the advantages of lot subdivision and upon them rests the duty of compliance with this Chapter, the Comprehensive Master Plan, capital budget and program of the City and any reasonable conditions laid down by the Planning and Zoning Commission and the Board of Aldermen so as to promote the safety and general welfare of the future plot owners in the subdivision and the community at large.
No land shall be subdivided within the incorporated area of the City until the subdivider or their agent has submitted the appropriate plats to the Board of Aldermen for their review and approval and until the approved plat is filed with the County Recorder of Deeds. No building permit or certificate of occupancy shall be issued for any parcel or plot of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of this Article and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations.
C.
Saving Provision. The regulations of this Article shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue or as affecting the liability of any person, firm or corporation or as waiving any right of the City under any Section or provision existing at the time of adoption of this Chapter or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the City, except as shall be expressly provided for in this Article.
D.
Classification Of Subdivisions.
1.
Minor subdivision. Plats involving the following actions shall be considered a minor subdivision, provided all lots have frontage on an existing street and do not require any new streets or the extension of City facilities or the creation of any public improvements.
a.
A division of land into no more than three (3) lots.
b.
An adjustment in boundaries between adjoining platted lots.
c.
An adjustment of building lines.
d.
A resurvey to combine existing adjacent lots.
2.
Major subdivision. A plat including four (4) or more lots or that requires new streets, the extension of City facilities or the creation of any public improvements shall be considered a major subdivision.
3.
Reclassification of minor subdivision. The development of successive minor subdivisions by the same owner or developer or by a person in privity with the owner or developer, so as to circumvent the requirements of these regulations with respect to major subdivisions, shall be prevented. Whenever a minor subdivision is developed from the same general tract of land as a previously developed minor subdivision or where successive minor subdivisions are developed so as to constitute a major subdivision within the meaning of these regulations, the entire development shall be treated as a major subdivision.
E.
Variances To Public Improvements.
1.
General. In cases in which there is an unwarranted hardship in carrying out the literal provisions of Article X "Infrastructure Improvements", the subdivider may request a variance from the regulations. Such a request shall be to vary from the design criteria of Article X "Infrastructure Improvements" only; all other variance requests shall follow the procedure established in Section 400.290 "Variance Applications".
2.
Submittal. At the time when a preliminary plat is submitted, the subdivider may submit a petition for a variance from the regulations of Article X "Infrastructure Improvements". The petition shall fully state the grounds for the application and address the review criteria outlined below.
3.
Review and recommendation. The Planning and Zoning Commission shall review the petition for a variance in conjunction with the preliminary plat and make a recommendation to the Board of Aldermen.
4.
Review and action. The Board of Aldermen shall review the petition for a variance in conjunction with the preliminary plat and take action to approve, approve with conditions or deny the petition.
5.
Review criteria. In reviewing all petitions for a variance, the reviewing bodies shall consider the following review criteria:
a.
The particular physical surroundings, shape or topographical conditions of the specific property involved cause an extraordinary hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations of Article X "Infrastructure Improvements" are carried out.
b.
The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property.
c.
The granting of the variance will not have the effect of nullifying the intent and purpose of this Chapter and the Comprehensive Master Plan.
d.
The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located.
6.
Conditions. The Planning and Zoning Commission may recommend and the Board of Aldermen may require, such conditions as will substantially secure the objectives of this Chapter.
7.
Approval. Should a variance be approved, it shall be included as part of the final plat application.
Section 400.690 Applicable Rules and Regulations.
[Ord. No. 700 §1, 9-26-2007]
A.
In addition to the requirements established herein, all subdivision plats shall comply with the following laws, rules and regulations. Plat approval may be withheld if the subdivision is not in conformity with any of the following:
1.
All applicable provisions of the Missouri Statutes.
2.
American Public Works Association (APWA) standards.
3.
The zoning regulations, building codes, fire safety standards and all other applicable laws of the City.
4.
The Comprehensive Plan and official plans and programs including, but not limited to, transportation systems, utility systems, drainage systems and parks as adopted by the City.
5.
The rules of the Missouri State Highway Department, if the subdivision or any lot contained therein abuts a State highway or connecting street.
6.
The standards, regulations and policies adopted by all boards, commissions, agencies and officials of the City.
7.
All pertinent standards contained within any and all applicable overlay districts or development specific guidelines as adopted.
Section 400.700 Platting Standards.
[Ord. No. 700 §1, 9-26-2007]
A.
General Improvements.
1.
Subdivision name. The proposed name of the subdivision shall not duplicate or too closely approximate the name of any other subdivision in the City.
2.
Monuments/permanent reference points. The subdivider shall cause a registered land surveyor to install a permanent reference point on all perimeter corners of the property and shall tie all property corners to the quarter section. The construction and placement of monuments shall conform to the current "Minimum Standards for Property Boundary Surveys, 10 CSR 30-2, Missouri Code of Regulations" (as amended).
3.
Public improvements. All required public improvements, including street systems, sidewalks, stormwater management, sanitary sewer systems, water systems, utilities and open space, shall be designed in accordance with the provisions of Article X "Infrastructure Improvements".
B.
Block Design. The lengths, widths and shapes of blocks shall be appropriate for the locality and the type of development planned and shall be in accordance with the following regulations:
1.
Connectivity. Intersection streets shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets in the neighborhood.
2.
Width. In residential subdivisions, blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions may be permitted in blocks adjacent to major streets, railroads or waterways. Blocks intended for business or industrial use shall have such width as may be considered most suitable for the prospective use.
3.
Length. In residential subdivisions, blocks shall not exceed one thousand (1,000) feet nor be less than four hundred (400) feet in length; except that, these requirements may be altered to accommodate necessary changes in topography or other conditions justifying a departure from the standards. Whenever practicable, blocks along major arterials and collector streets shall not be less than one thousand (1,000) feet in length. Blocks in plats of business or industrial land uses may vary in length to most appropriately accommodate the prospective use.
4.
Easements. In long blocks, the reviewing bodies may require the reservation of an easement through the block to accommodate utilities, drainage facilities and pedestrian traffic. Pedestrianways or crosswalks, not less than twenty (20) feet wide, may be required by the reviewing bodies through the center of blocks more than eight hundred (800) feet long where deemed essential to provide circulation or access to schools, recreational facilities, shopping centers, transportation or other community facilities.
C.
Lot Design And Improvements.
1.
Lot arrangement. The arrangement of lots shall be suited for the planned use of the land, zoning requirements and need for convenient access, control and safety of street traffic and the limitations and opportunities of the terrain.
2.
Lot dimensions. Lot dimensions shall comply with the minimum standards of the zoning district. Corner lots for residential use shall be at least twenty-five percent (25%) larger than the minimum lot size for the district it is located in order to permit appropriate building setback from and orientation to both streets. Residential lots fronting or backing on major streets shall be platted with extra depth to permit increased distances between the buildings and street. Depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development planned.
3.
Double frontage and reversed frontage lots. Double frontage and reversed frontage lots shall be avoided, except where necessary to provide separation of residential development from through traffic or to overcome specific disadvantages of topography and orientation.
4.
Flag lots. Flag lots shall be prohibited.
5.
Access to lots. In residential subdivisions, lots shall not, in general, derive access from a major or secondary street. Where driveway access from a major or secondary street may be necessary for several adjoining lots, the reviewing bodies may require that such lots be served by a combined access drive in order to limit possible traffic hazards on such street. Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back onto major or secondary streets.
D.
Flood Hazard Areas. Subdivisions proposed within flood hazards areas shall assure that:
1.
The proposal is consistent with the need to minimize flood damage.
2.
All public utilities and facilities such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.
3.
Adequate drainage is provided to reduce exposure to flood hazards.
Section 400.710 Additional Requirements.
[Ord. No. 700 §1, 9-26-2007]
A.
Self-Imposed Restrictions. If the owner places restrictions on any of the land contained in the subdivision greater than those required by this Chapter, such restrictions or reference thereto may be required to be indicated on the plat or the Board of Aldermen may require that restrictive covenants be recorded with the County Recorder of Deeds in a form to be approved by the City Attorney. Such indication or recording of these greater restrictions shall in no way impart any liability to the City or its officials for any purposes.
B.
Railroads And Limited Access Highways. If railroad right-of-way or limited access highways are so located as to affect a residential subdivision, a buffer strip at least twenty-five (25) feet in depth, in addition to the normal depth of the lot required in the district, shall be provided adjacent to the railroad right-of-way or limited access highway. This strip shall be part of the platted lots and shall be designated on the plat, "This strip is reserved for screening. The placement of structures hereon is prohibited".
C.
Plats Straddling Municipal Boundaries. In general, lot lines should be laid out so as not to cross municipal boundary lines. However, whenever access to the subdivision is required across land within another municipality, the Board of Aldermen may request an opinion from the City Attorney that access is legally established and also from the Zoning Administrator or their designees to assure that the access road is adequately improved or that a performance bond has been duly executed and is sufficient to assure construction of the access road.
D.
Character Of The Land. Land which the Planning and Zoning Commission or Board of Aldermen find to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements or other features which will reasonably be harmful to the safety, health and general welfare of inhabitants of the land and surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning and Zoning Commission and Board of Aldermen, upon recommendation of the Zoning Administrator, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for such uses as shall not involve such a danger.
Section 400.720 Non-Residential Subdivisions.
[Ord. No. 700 §1, 9-26-2007]
A.
General.
1.
If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provisions as the Planning and Zoning Commission may require.
2.
A non-residential subdivision shall also be subject to all the requirements of these regulations, as well as such additional standards required by the Planning and Zoning Commission, and shall conform to the proposed land use and standards established in the Comprehensive Master Plan.
B.
Standards. In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the developer shall demonstrate to the satisfaction of the Planning and Zoning Commission that the street, parcel and block pattern is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:
1.
Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.
2.
Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.
3.
Special requirements may be imposed by the City with respect to street, curb, gutter and sidewalk design and construction.
4.
Special requirements may be imposed by the City with respect to the installation of public utilities, including water, sewer and stormwater drainage and parking.
5.
Every effort shall be made to protect adjacent residential areas from potential nuisance from the proposed non-residential subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.
6.
Streets carrying non-residential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.
Section 400.730 Assurance For Completion of Public Improvements.
[Ord. No. 700 §1, 9-26-2007]
A.
Improvements And Performance Bond.
1.
Completion of improvements. Before the plat is signed, all subdividers may be required to complete, to the satisfaction of the City, all the street, sanitary, water, stormwater and other improvements on the individual lots of the subdivision as required in these regulations, specified in the final plat and as approved by the Board of Aldermen and to dedicate same to the City free and clear of all liens and encumbrances on the property and public improvements thus dedicated.
2.
Performance bond.
a.
The City shall require either that the applicant complete and dedicate all public improvements prior to the signing of the plat or, that as an alternative, the applicant post a bond at the time of submitting an application for a final plat in an amount estimated by the City as sufficient to secure to the City the satisfactory construction, installation and dedication of the incomplete portion of required improvements. Once established, the bond amount may not be reduced.
b.
Such performance bond shall comply with the requirements of Section 89.410, RSMo. (as amended) and shall be satisfactory to the City Attorney as to form, sufficiency and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the Board of Aldermen in the ordinance approving the final plat and shall be incorporated in the bond and shall not in any event exceed two (2) years from the date the final plat is approved.
c.
Such bond shall be approved by the Board of Aldermen as to amount and with surety and conditions satisfactory to the Board of Aldermen. The Board of Aldermen may, upon proof of difficulty, grant an extension of the completion date set forth in such bond for a maximum period of one (1) additional year. The Board of Aldermen may at any time during the period of such bond accept a substitution of principal or sureties on the bond, but the original amount of the bond may not be reduced.
3.
Temporary improvement. The developer shall build and pay for all costs of temporary improvements required by the City and shall maintain same for the period specified by the City. Prior to construction of any temporary facility or improvement, the developer shall file with the City a separate suitable bond for temporary facilities. The bond shall ensure that the temporary facilities will be properly constructed, maintained and removed.
4.
Costs of improvement. All required improvements shall be made by the developer, at their expense, without reimbursement by the City or any improvement district therein.
5.
Governmental units. Governmental units to which these bonds and contract provisions apply may file, in lieu of said contract or bond, a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this Chapter.
6.
Failure to complete improvements. In those cases where a performance bond has been posted and required improvements have not been installed within the terms of such performance bond, the Board of Aldermen may thereupon declare said bond to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the bond is declared to be in default.
7.
Acceptance of dedication offers — maintenance bond. Acceptance of formal offers of dedication of streets, easements, parks and improvements shall rest with the Board of Aldermen. No such dedication of streets, easements, parks or improvements shall be accepted by the City unless the dedicator or the contractor who shall have constructed said street, easement, park or improvement shall furnish and maintain a bond for a period of two (2) years which is deemed by the City to be reasonably sufficient to secure the City against defects in workmanship and materials related to the dedicated work and to ensure that such dedicator or contractor will remedy any such defects occurring within such period.
B.
Inspection Of Improvements.
1.
General procedure and fees. The City shall provide for inspection of required improvements during construction and ensure their satisfactory completion. The applicant shall pay an inspection fee as established by Section 400.1050 "Schedule Of Fees". The inspection fee shall be paid at the time of application. The final plat shall not be signed unless the inspection fee has been paid. If the Zoning Administrator or their designees finds, upon inspection, that any of the required improvements have not been constructed in accordance with the City's construction standards and specifications, the applicant shall be responsible for completing said improvements. Wherever the cost of improvements is covered by a performance bond, the applicant and the bonding company shall be severally and jointly liable for completing said improvements according to specifications.
2.
Release or reduction of performance bond.
a.
Certificate of satisfactory completion. The Board of Aldermen will not accept dedication of required improvements, nor release nor reduce a performance bond, until:
(1)
The Zoning Administrator or their designees has submitted a certificate stating that all required improvements have been satisfactorily completed.
(2)
The applicant's engineer or surveyor has certified to the Zoning Administrator that the layout of the line and grade of all public improvements is in accordance with the construction plans for the subdivision. This shall be accomplished through the submission of detailed "as-built" drawing which shall indicate:
(a)
Elevation of all sewer structures, including pipe inverts and structure top elevation.
(b)
Final adjusted stationing of all sewer structures and water line valves, hydrants and blowoff assemblies.
(c)
Final adjusted contours, as featured in the grading plans and emergency drainage plan.
(d)
Construction materials.
(e)
Other information required by the City.
(3)
A title insurance policy has been furnished to and approved by the City Attorney indicating that the improvements have been completed, are ready for dedication to the City and are free and clear of any and all liens and encumbrances.
Upon such approval and recommendation, the Board of Aldermen shall thereafter accept the improvements for dedication in accordance with the established procedure. |
b.
Reduction of performance bond. A performance bond may be reduced upon actual dedication of public improvements, but only to the ratio that the public improvements dedicated bear to the total public improvements for the plat. In no event shall a performance bond be reduced below twenty-five percent (25%) of the principal amount.
C.
Escrow Deposits For Lot Improvements. Whenever any lot improvements required by this Chapter cannot be completed due to the season of the year, the Zoning Administrator or their designees may issue an occupancy permit, provided there is no danger to health, safety or general welfare and a cash escrow deposit in an amount to be determined by the Zoning Administrator for the cost of said improvements is provided. The performance bond covering the lot improvements shall remain in full force and effect.
D.
Procedures On Escrow Fund. All required improvements for which escrow monies have been accepted by the City at the time of the issuance of an occupancy permit shall be completed by the developer within a period of nine (9) months from the date of deposit and issuance of the occupancy permit. In the event that the improvements have not been properly completed at the end of the time period, the Zoning Administrator or their designees shall give two (2) weeks' written notice to the developer, requiring them to complete the improvements. If the improvements are not completed properly in the discretion of the Zoning Administrator or their designees, the Board of Aldermen may authorize the City to proceed to contract out the work for the completion of the necessary improvements in a sum not to exceed the amount of the escrow deposit. Prior to obtaining the occupancy permit for which the escrow monies are being deposited, the developer shall obtain and file with the City a notarized statement from the purchaser of the premises authorizing the City to complete the improvements at the end of the nine (9) month period in the event that the improvements have not been duly installed by the developer.
E.
Maintenance Of Improvements. The developer shall be required to maintain all improvements on the individual lots and provide for snow removal on streets and sidewalks, if required, until acceptance of the improvements by the City.
F.
Deferral Or Waiver Of Required Improvements.
1.
The Board of Aldermen may defer or waive at the time of final approval, subject to appropriate conditions, the provision of any or all such improvements as, in its judgment, are not requisite in the interest of the public health, safety and general welfare or which are inappropriate because of inadequacy or lack of connecting facilities.
2.
Whenever it is deemed necessary by the Board of Aldermen to defer the construction of any improvement required herein because of incompatible grades, future planning, inadequate lack of connecting facilities or for other reasons, the developer shall pay his/her share of the costs of the future improvements to the City prior to signing of the final plat or the developer may post a bond ensuring completion of said improvements upon demand of the City.
G.
Issuance Of Building Permits And Occupancy Permits.
1.
Where a performance bond has been required for a subdivision, no occupancy permit for any building in the subdivision shall be issued until all required improvements have been completed and necessary dedications accepted by the City. In general, the extent of said street improvements shall be adequate for vehicular access by the prospective occupancy and by Police and fire equipment prior to the issuance of an occupancy permit.
2.
No building permit shall be issued for the final ten percent (10%) of lots in a subdivision or the final two (2) lots of a subdivision, whichever is greater, until all public improvements as required by the plat approval have been fully completed and dedicated to the City.
Section 400.740 Assurance For Completion of Private Improvements.
[Ord. No. 700 §1, 9-26-2007]
A.
An occupancy permit shall not be issued until the improvements outlined below have been completed for the lot or an escrow deposit, as described in Section 400.730 "Assurance For Completion Of Public Improvements", has been accepted by the City. If any developer or builder has been issued one (1) or more building permits for one (1) or more lots, but an occupancy permit has not been issued because the required improvements have not been completed, said developer or builder shall not be issued any additional building permits until the necessary improvements have been completed.
1.
Soil preservation and final grading. Final grading shall be completed in accordance with the approved final plat and the lot shall be covered with soil with an average depth of at least six (6) inches, which shall contain no particles more than two (2) inches in diameter over the entire area of the lot, except that portion covered by buildings or included in streets or where the grade has not been changed or natural vegetation has not been seriously damaged. Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least six (6) inches of cover on the lots and at least four (4) inches of cover between the sidewalks and curbs and shall be stabilized by seeding or plantings.
2.
Lot drainage. Lots shall be laid out so as to provide positive drainage away from all buildings and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots
3.
Debris and waste. No cut trees, timber, debris, rocks, stones, junk, rubbish or other waste materials of any kind or earth/soil containing such shall be buried in any land or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy and removal of those items and materials shall be required prior to issuance of any certificate of occupancy on a subdivision. No items and materials as described in the preceding sentence nor excess earth/soil shall be left or deposited in any area of the subdivision at the time of expiration of the performance bond or dedication of public improvements, whichever is sooner. During the construction of any subdivision and prior to the expiration of the performance bond or dedication of public improvements, all stock piles of materials shall be maintained in an appropriate manner to eliminate weeds, debris, rubbish and other nuisances.
Section 400.750 Vacation of Plats.
[Ord. No. 700 §1, 9-26-2007]
A.
Vacation Of Undeveloped Subdivision. When no lots on a plat of a subdivision have been sold, the subdivider may request the vacation of the plat or any part of any plat prior to the time that the improvements covered by the bond are installed and when such plat is vacated, all fiscal sureties shall be returned to the subdivider. Such request shall be made by a written instrument, to which a copy of such plat shall be attached, declaring the same to be vacated. Such an instrument shall be approved by the Board of Aldermen in like manner as a final plat. The Board of Aldermen may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets or alleys. Such instrument shall be executed, acknowledged or approved and recorded or filed in like manner as final plats and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plats so vacated and to divest all public rights in the streets, alleys and public grounds and all dedications laid out or described in such plat.
B.
Vacation Of Partially Developed Subdivision. When lots have been sold, the subdivider may request the vacation of the undeveloped portion of the plat or a segment of the undeveloped portion of the plat. Such request shall be made by a written instrument, to which a copy of the plat shall be attached, indicating the undeveloped portion of the plat to be vacated. Such instrument shall be executed, acknowledged or approved and recorded or filed in like manner as final plats and being duly recorded or filed shall operate to destroy the force and effect of the recording of the portion of the plat so vacated and to divest all public rights in the streets, alleys and public grounds and all dedications laid out or described in such plat. In reviewing the vacation request, the Board of Aldermen shall consider the following:
1.
The impact the vacation will have on any constructed or proposed public improvements within or adjacent to the subdivision.
2.
The impact the vacation will have on the developed portion of the subdivision.