§ 57-10. Minimum improvements required.

Latest version.

(a)

In general. Receipt of an approved copy of the preliminary plat by the board of aldermen is authorization for the subdivider to proceed with the preparation of the final plans and specifications for the minimum improvements and with the preparation of the final plat. Prior to the construction of any improvements, the subdivider shall furnish the director all plans, information and data necessary to determine the character of said improvements. These plans shall be examined by the director and his staff and will be approved, if in accordance with the requirements of this section. Following this approval, construction can be started or the amount of a bond determined, or an assessment provided for. The final record plat of any subdivision shall not be recorded unless:

(1)

The minimum improvements required have been installed and successfully tested; or

(2)

The subdivider files with the board of aldermen a surety bond, cashier's check, or a certified check or irrevocable letter of credit upon a solvent bank, conditioned to secure the construction of the improvements listed below in a satisfactory manner and within a period specified by the board of aldermen, such period not to exceed two (2) years. No such bond or check shall be accepted unless it be enforceable by or payable to the city in a sum at least equal to the cost of constructing the improvements as estimated by the city engineer and in form with surety and conditions approved by the city attorney.

(3)

The owner of a tract may prepare and secure approval of a preliminary subdivision plat of an entire area and may install the above improvements only in a portion of such area, but the improvements must be installed in any portion of the area for which a final plat is approved for recording; provided, however, that trunk sewers and any sewage treatment plants shall be designed and built in such a manner that they can easily be expanded or extended to serve the entire area.

(b)

Conditions of city maintenance.

(1)

The director shall, within thirty (30) days after completion of the improvements, file a written notice of completion with the city clerk, provided the improvements have been constructed in accordance with the requirements and conditions of this chapter and the specifications of the city.

(2)

The city shall not have any responsibility for providing maintenance or other city services with respect to any street, or other improvement until the notice of completion has been filed, and an approved maintenance bond has been received from the developer.

(3)

Under no circumstances shall the city maintain improvements until the as-built plans for said improvements are submitted to and approved by the director.

(c)

Streets. Street plans, profiles, and specifications shall be prepared by a registered professional engineer on plan and profile paper and shall be reviewed and approved by the director, planning and zoning commission, and board of aldermen.

(1)

Construction.

Alleys and local streets shall be constructed of Portland Cement Concrete with integral curbs (or concrete curb and gutter), or bituminous plant mix roadway with a concrete curb and gutter in accordance with city standard street specifications.

Collector and arterial streets shall be constructed of Portland Cement Concrete with integral curbs (or concrete curb and gutter) in accordance with city standard street specifications.

In rights-of-way, all storm sewer, drainage, and culvert piping shall be restricted to Portland Cement Concrete pipe only.

(2)

Roadway sections. Typical roadway sections showing various widths of roadway and rights-of-way, and required thicknesses shall be provided with improvement plans.

(3)

Pavement design/surface types. Pavement surfacing for public streets and alleys shall be either Portland Cement Concrete or Plant Mix Bituminous Surface Course material in compliance with city street standards. The particular type of surfacing selected for use on alleys and local streets is at the option of the developer and determined based upon the surface type of existing connecting streets, length of project, type of project, etc. Widening of existing lanes shall be done using the same surface type as the existing street.

(4)

Drainage facilities. Prior to the placement of street or alley pavements, adequate surface and subsurface drainage facilities (if required) shall be installed by the subdivider. All pipe used for drainage purposes shall be installed as per manufacturer's specifications.

(5)

Standards. All construction shall be completed in accordance with the city street and sewer standards and the improvement plans, and in a manner acceptable to the authorities having jurisdiction.

(6)

Widths. All specified street widths are to be measured back to back of curbs.

(7)

Changes or amendments. If changes from the accepted plans and specifications become necessary during construction, written approval from the director shall be secured prior to the execution of said changes.

(8)

Compacted granular back fill material. Compacted granular back fill material shall be required in all trenches located under pavements regardless of the type of work performed. Granular materials meeting the requirements of Type 1 or 2, Section 1007, Aggregate For Base, of the Missouri Standard Specifications for Highway Construction shall be used full depth under roadways and in shoulder areas in which the distance from the edge of the roadway surface is equal to the depth of the excavation, except twelve (12) inches of topsoil on the surface for turf establishment behind curbs. All back fill materials shall be compacted in twelve (12) inch layers in a manner as to prevent future settlement. No utilities shall be located within two (2) feet of the back of curb, except in special instances where approved by the director. This back fill must be compacted to at least ninety-five (95) percent relative density. Compacted earth is not considered an acceptable back fill material under pavement limits or within two (2) feet thereof. Pavement sub grade in all areas shall be compacted prior to paving.

(9)

Compacted earth back fill material. Compacted earth back fill material shall be required in all trenches located outside pavement limits and rights-of-way. Said earth back fill material shall be compacted to a minimum of ninety-five (95) percent standard proctor density at optimum moisture ( 2 percent). Earth back fill material shall be compacted in maximum twelve (12) inch lifts.

(10)

Manholes. All manholes located within pavement limits shall be poured monolithic. Manhole diamonds or box-outs are prohibited.

(11)

Utilities. All utilities must be installed and successfully tested prior to the paving of street and sidewalk pavements, unless waived in writing by the director. However, said paving of streets and sidewalk pavements does not constitute acceptance of any subsurface utilities or infrastructure improvements. However, in those situations where the director has permitted utilities to be installed following the placement of street pavements, necessary conduits shall be bored and jacked. In some cases, the pavement may be removed in panels and replaced, and correct installation and back fill operations shall be performed. In all cases, the installation procedure shall be submitted in writing to the director for his approval prior to the installation, and approved by the director in writing.

(12)

Coring tests. The developer shall core all new street and sidewalk pavements to ensure minimum thickness requirements prior to the city's acceptance of any improvements. Core samples for strength and depth shall be taken at one (1) core per every five hundred (500) linear feet of pour width, or as required by the director.

(13)

Storm sewer boxes. The use of concrete block storm sewer boxes more than four (4) feet deep is prohibited. In all cases where boxes are more than four (4) feet deep, pre-cast reinforced concrete structures, as per Missouri Department of Transportation standards, shall be utilized.

(14)

Concrete tests. A minimum of one (1) concrete test shall be taken for each day's pour. Additional tests shall be taken for each one hundred and fifty (150) cubic yards of concrete, or at the director's request and shall include the following testing information:

Slump.

Air.

Cylinders for seven (7), fourteen (14), and twenty-eight (28) day breaks.

(15)

Density tests. Density tests shall be recorded for all earthwork operations. The sub grade of all street pavements shall be re-tested for compaction if the road is to be used as a haul road for concrete trucks and other heavy equipment. One (1) density test shall be taken and recorded as a minimum every one thousand (1,000) cubic yards of earth back fill placed, and every five hundred (500) square yards of pavement sub grade cut to grade. See also section 57-8 for more information.

(d)

Curbs and gutters.

(1)

Construction. Curb construction for concrete pavements may be integral. Three (3) inch laid back curbs shall be constructed for residential developments. Six (6) inch stand up curbs may be required by the director for collector and arterial streets.

(2)

Americans With Disabilities Act. All curbs, ramps, and sidewalks shall conform to the Americans With Disabilities Act and the Revised Statutes of Missouri. All new curbs and any existing curbs which are a part of a reconstruction shall comply with these requirements. An exception may be granted where, because of surrounding buildings or other restrictions, it is impossible to conform the slope of the ramp with these requirements. In this event, the ramp shall contain a slope with as shallow a rise as possible not to exceed ten (10) percent.

(3)

Driveways. Driveway ramps shall not extend past the vertical face of the curb, and ramps shall be built into the curb so that the ramp and street blend to a common level. For all ramps, there shall be a gradual rounding at the bottom of the slope.

(e)

Sidewalks.

(1)

General. The construction of sidewalks is required if the developer chooses to construct thirty-two (32) foot wide local streets under section 57-6(f) of the Code of Ordinances. Sidewalks may also be required by the board of aldermen if the subdivision includes, or is adjacent to, existing or proposed schools. At the time street improvements are installed the right-of-way adjacent to the surfaced portion of the street shall be graded to allow for future construction of sidewalks on one (1) side of all local streets. Such grading shall conform to city specifications and shall be required improvements. All sidewalks and ramps shall meet the requirements of the 1990 Americans with Disabilities Act as published in the Federal Register, Vol. 156, No. 144/Friday, July 26, 1992, pages 35459 through 35511. The final plans must show the sidewalks in plan, profile, and typical cross section. The sidewalk plan may be included as part of the street plan.

(2)

Installation. A sidewalk shall be constructed on one (1) side of local streets where the developer has opted to install a thirty-two (32) foot wide street. The installation of sidewalks shall be required as a condition prior to the issuance of any safe occupancy permit by the city for any structure located in any subdivision within which sidewalks are required. The minimum requirements for sidewalks included in the improvement plans shall be as set forth in this section.

(3)

Design. Residential sidewalks are to be constructed of Class 'A' Portland Cement Concrete, four (4) inches thick, except where six (6) inch thickness is required in driveways, alleys, and areas that may carry traffic. The sidewalks shall be constructed such that panels are formed using control joints that shall extend to one-fourth (¼) the depth of the sidewalk. If a grooving tool is used to form the control joint, the groove shall not be wider than one-fourth (¼) inch and edged with a one-eighth ( 1/8 ) inch radius. If the control joints are sawed, the groove shall not be less than one-eighth ( 1/8 ) inch wide. Whichever method of grooving is used, the control joints are to be cut such that the resulting panel lengths are not less than four (4) feet nor greater than six (6) feet. Edges of the slab shall be edged with an edging tool that has a one-fourth (¼) inch radius.

All residential sidewalks shall be four (4) feet wide and shall be installed and located two (2) feet from the back of the curb to create a greenway between the sidewalk and the street pavement. Where required, nonresidential sidewalks shall be of concrete, five (5) feet wide and four (4) inches thick, except at driveways where a seven (7) inch thickness shall be required.

(4)

Expansion joints. Bituminous pre-formed expansion joints, three-fourths (¾) of an inch thick and precut to the width of the sidewalk, shall be indicated on the plans on each side of driveways, intersecting walks, curbs, and other locations as required. Expansion joints shall be placed at the locations specified on the plans. Expansion joints shall be placed between the sidewalk and all structures such as light standards, traffic light standards, traffic poles and columns, etc., which extend through the sidewalk.

(f)

Sanitary sewer system. The developer shall provide for the disposal of sanitary sewage within the subdivision. The developer shall design, construct and inspect the sewer system.

(1)

Where a public sanitary sewer main is reasonably accessible, the subdivider shall provide the subdivision with a complete sanitary sewer system, including the lateral connection for each lot, connected to said sewer main and extended to the property line. All necessary construction requirements, including lift stations, shall be the responsibility of the subdivider and approved by the director, commission, and board of aldermen and shall comply with the regulations of the Missouri Department of Natural Resources.

(2)

Where no sanitary system is accessible and no plans for a sewer system have been prepared and approved, or are anticipated, the developer may, upon approval by the Missouri Clean Water Commission, director, commission, and board of aldermen, install individual disposal devices on individual lots, or a central treatment facility within the subdivision. All such individual devices shall be constructed in accordance with the regulations and requirements of the Missouri Department of Natural Resources and the board of aldermen. In no instance will the city be responsible for the construction or maintenance of any central sewage treatment system or individual septic tanks.

(3)

All sanitary sewer system installations must be air, mandrel and water tested by the developer and television tested by the city prior to the commencement of any street paving. However, the initial television test by the city shall not be considered final. After street construction, there shall be a final television test performed by the city prior to final acceptance of the complete sewer system.

(4)

All sanitary sewer construction and improvements shall comply with city sanitary sewer standards, copies of which are available in the office of the director.

(5)

The city shall pay for material costs for the over sizing of sanitary sewer lines beyond that which is required of the developer under these regulations. The final plans shall indicate the required over sizing of all sewer lines as directed by the city.

(g)

Water distribution system . The developer shall design, construct and inspect the subdivision with a complete loop-type water distribution system adequate to serve the area being platted.

(1)

Residential water mains shall be a minimum of eight (8) inches in diameter, and fire hydrants spaced a maximum of six hundred (600) feet apart. Commercial and industrial water mains shall be a minimum of eight (8) inches in diameter, and fire hydrants spaced a maximum of three hundred (300) feet apart. The final plan shall not be approved by the city until the Missouri Department of Natural Resources certifies that said water supply system is in compliance with the applicable regulations of the State of Missouri and is in accordance with the city Standard Water Line Specifications or any future amendments thereto.

(2)

The system shall include a separate water tap connection for each lot. All water taps shall be installed under proposed streets, sidewalks and other paved areas prior to the commencement of any paving.

(3)

The system shall include a service line for each lot. The curb stop shall be in an off position and copper tracer wire shall be soldered to the tracer wire on the city's main water line. The tracer wire shall be extended to the customer's copper service line and soldered thereto. Each service line shall be live to the curb stop and shall be extended a minimum of three (3) feet onto the lot from the front lot line and capped with a curb stop. Service lines shall be located by stationing on the as-built plans. All service lines shall be made following testing procedures and the pressurization of said water main.

(4)

Service lines shall be located within eight (8) feet of side lot lines except in cases otherwise approved by the city administrator or his designate. In no case shall the curb stop and/or meter tile be located in driveways, sidewalks or other paved areas.

(5)

All water system construction and improvements shall comply with city Standard Water Line Specifications, copies of which are available in the office of the director.

(6)

The city shall pay the material costs for any over sizing of water mains beyond that which is required of the developer under these regulations.

(7)

The final plans shall indicate the required over sizing of all water lines as directed by the city.

(h)

Storm drainage, detention and erosion control. Adequate surface and subsurface drainage ways for the removal of storm water, detention basins, and erosion control shall be provided by the subdivider. The purpose of this section is to ensure that storm water runoff after development does not exceed pre-development storm water runoff.

(1)

In general.

Applicability. All new development within the city shall be subject to the provisions hereof.

Fee in lieu of storm water facility construction. Unless the increase amount or velocity of storm water generated by a development of under three (3) acres will cause a major impact on down stream facilities or water courses, a developer/builder shall pay to the city a fee based on the following scale. Said fee shall be known as "storm water credits."

Storm Water Credits

Lot Size/ Area (Acres)	Commercial/ Industrial Fee	Residential Fee
0.00—0.50	$ 400.00	$120.00
0.50—1.00	640.00	104.00
1.00—1.50	1,080.00	98.00
1.50—2.00	1,120.00	72.00
2.00—2.50	1,360.00	56.00
2.50—3.00	1,600.00	40.00

In the event it is determined by the director of public works or his designate that the increase flow or velocity of storm water generated by a three (3) acre or less development/subdivision will cause a major effect on downstream facilities or water course, the builder/developer shall comply with the following provisions hereof. The decision of the director of public works shall be final.

Scope of storm water system. All developments and subdivisions shall be subject to the provisions hereof. On all developments over three (3) acres in area and on those under three (3) acres which the director of public works has determined may create major impact on downstream facilities or water courses, the extent of the storm water system required shall be based upon an analysis of need prepared by a registered professional engineer in the form of a design report. The design report shall be approved by the director in the preliminary design phase. The development's storm water system shall include a storm drainage system and a detention basin(s) as provided herein. On all developments and subdivisions under three (3) acres, except as otherwise provided herein, the developer shall be required to pay storm water credits as provided herein.

Storm water plans/maintenance. The developer shall design storm water detention/retention basins or other storm water control facilities, which said facilities shall be incorporated into subdivision lots thereby providing a method of permanent maintenance by the landowner. The purpose of this approach is to provide practical and aesthetically pleasing storm water control which incorporates basins into areas which can be used by the landowner. Developer shall dedicate permanent storm water basin easements as required by city.

Design criteria. The minimum design criteria to be used to design and construct the storm water system shall be established by the following publications, all of which establish minimum design criteria:

Missouri Department of Transportation Design Manual—Chapter IX - Hydraulics and Drainage. (Section 9.02 current edition).

Missouri Department of Natural Resources Manual—Protecting Water Quality.

Missouri Department of Natural Resources—Storm Water Permit Requirements for Land Disturbance Activities PUB002009 current edition.

Environmental Protection Agency—Storm Water Management for Construction Activities—EPA 833-R-92-001 current edition.

When conflicts arise between manuals or any other city, state or federal regulation, the most stringent criteria shall control.

Design storm frequencies. The minimum rain fall event to be utilized in determining the intensity of rainfall for storm flow calculations shall be based on the following:

Land Use/Zoning	Storm Return Frequency (Year Storm)	Condition
Residential	10	Developed
Commercial	15	Developed
Industrial	15	Developed
Parks, Greenbelts, etc.	10	Developed
Open Channels (see note 1)	25	Developed
Flood Plains	100	Developed
Street Culvert Crossings:
Local	10	Developed
Collector	25	Developed
Arterial	50	Developed
Tributary	50	Developed
Detention Basin Discharge	2, 10, 100	Pre-Developed

Permanent storm water easement. Permanent storm water easements are required to provide adequate access for construction, inspection, and maintenance of storm drainage system components. Easements shall be dedicated to the city. Storm water easements shall have minimum widths as described below. A wider easement width may be required at structures, or if the easement is shared with other utilities or as determined by the city engineer.

Storm sewer easements shall be fifteen (15) feet wide or the outside dimension of the conduit plus ten (10) feet (centered on the conduit), which ever is greater. A wider easement will be required if the depth of cover exceeds four (4) feet.

Improved open channel easements shall be as wide as the top of bank width plus ten (10) feet on each side, and shall be continuous to the end of the channel.

Natural open channel shall be the area between the high bank lines of the channel, plus additional width on each side of the channel as deemed necessary by the city to allow access for maintenance equipment. The minimum width for a natural open channel easement is thirty (30) feet.

General easements. In subdivisions, the detention basin, access roads or paths, control structures and outfall pipes are to be located in permanent utility easements dedicated to the city.

Storm water plan and design review fees. For purposes of evaluation, projects will be classified in four (4) categories according to acreage:

Class (Acres)	Review Fee
(1) Less than 10	$ 80.00
(2) 10 to 25	160.00
(3) 25 to 100	240.00
(4) > 100	300.00

This fee shall accompany the storm water plan.

(2)

Storm drainage system. Storm drainage systems required by this section shall use surface ditches, storm drains, guttering and other appurtenances which may be required to accomplish the intent hereof.

Calculations. In developing a storm water drainage system the development calculations shall be based on the maximum of one (1) fifteen (15) minute rainfall using the following:

Watershed Area (acres)	Method
0—25	Rational (see Note 1)
> 25	Technical Release 55 (TR-55) (see Note 2)

Note 1: Rational method shall be as identified in Missouri Department of Transportation Design Manual Chapter IX—Hydraulics and Drainage current edition.

Note 2: Technical release 55 (TR-55) shall be as identified in the NRCS Urban Hydrology for Small Water Sheds.

Open channels.

Open channels, natural or improved, may be placed to the rear or side of properties upon approval of the city engineer where the design provides adequate protection to the existing and future property and structures. Such protection shall be through the provision of a fifty (50) year flood plain setback and a minimum distance from the top of bank to the setback of thirty (30) feet. This drainage setback line shall be shown on the final plat. Permanent vegetation, existing ground elevation, and grades within the thirty (30) foot setback area shall be left intact and undisturbed on channels with watersheds of one hundred (100) acres or more unless modification is approved in writing by the director or his designate.

Area inlets shall be required behind the curbs to intercept overland flows greater than one (1) cfs to prevent flows from crossing sidewalks and/or curbs.

Existing open channels may have storm return frequency waived in writing by the public works director or his designate to protect existing vegetation on stream bank. Bridges shall be designed per MoDOT criteria.

Curb inlet, junction boxes and other points of entry. Curb inlets shall be installed at intersections and as required at intermediate points to limit gutter flow width during runoff occurring from the design peak discharge from the tributary watershed area to that which will not encroach on the following center width of streets:

Street Type	Center Width (Feet)
Arterial	24
Collector	14
Local	10

Inlets, junction boxes and other points of entry shall be per the city's inlet details and as approved by the city engineer. When locating inlets in sump locations consideration must be made with respect to the major drainage system. A one hundred (100) year design event shall not cause buildings to flood in the event that a single inlet becomes blocked. In new developments the one hundred (100) year design storm elevation shall be mapped on the final plat as a building set back. Overland relief to another inlet or surface channel shall be provided to protect property.

Enclosed systems.

The outlet of an enclosed system shall discharge into an open channel a minimum of fifty (50) feet upstream of an adjacent property, or sufficient energy dissipation is provided to negate the increases posed by development as approved by the city engineer.

Building gutter drainage systems may not be discharged directly into the city's enclosed system.

If development plans call for the enclosure of an existing, natural drainage way which carries greater than fifty (50) cfs during the design storm event, the enclosure shall be sized for a fifty (50) year twenty (20) minute storm event. Two (2) feet minimum freeboard shall be required. Upstream inundation shall be checked. Where inundation extends beyond the site property line and exceeds the design water surface elevation of the natural drainway/channel, a backwater ponding easement from the affected off-site property owner(s) shall be required prior to final plan approval. A reduction in the design storm requirement may be granted by the city engineer when existing off-site, downstream storm sewer would be smaller than the required on-site, upstream sewer and the downstream storm sewer are not designed to intercept/pass the fifty (50) year twenty (20) minute storm event.

Detention basin. The developer's professional engineer shall provide calculations for a detention basin or basins for the increased storm water runoff resulting from the entire area of the proposed development which may include wet or dry bottom reservoirs.

Storage volume. The volume of storage provided in the detention basin shall be sufficient to control the excess storm water runoff added to the watershed from development. A volume calculated should provide for the attenuation of the post-developed discharge to a rate which shall not exceed the pre-developed peak discharge rate. Streets may not be used for storage volume.

Release rate. A release rate shall be calculated for a two (2), ten (10) and one hundred (100) year storm as described in subsection (1)(c) for the proposed subdivision in the condition prior to the proposed development. The storm water release rate shall not exceed at any time, the allowable flow rate of downstream storm water facilities. In the event it does, the release rate on the basin shall be reduced to the allowable rate and the storage volume increased.

Construction phase. The two (2) year storm design referred to above will only be used during the construction phase of the development for erosion control. As a minimum a silt basin to handle the two (2) year storm shall be constructed at the location of the detention basin prior to the start of major earth moving operations.

Time of concentration and infiltration. The design of the development shall be such that the time of concentration is maximized to allow for maximum infiltration.

Emergency spillway. An emergency spillway shall be required to release the runoff from a storm greater than a one hundred (100) year twenty-four (24) hour storm as required by regulations from the state department of natural resources.

Freeboard. Detention basin shall require a minimum of 2 feet of freeboard from one hundred (100) years storm overflow elevation. Wet bottom facilities may require increased freeboard to prevent damaging from flooding down stream during low frequency storms.

Dam design. The professional engineer will be required to submit a dam design for basins greater than one hundred (100) acre feet or as requested by the director. Dams with a height of thirty-five (35) feet or greater will require approval from the Missouri Department of Natural Resources.

Landscaping plan. A landscaping plan shall be required on the basin to provide an aesthetically pleasing, park environment for the public or private landowner. The landscaping plan shall be designed and planted by the developer, approved by the city, and maintained by the developer until maintenance guarantee expires.

Plan adherence and enforcement. The applicant shall be required to adhere strictly to the storm water management plan as approved. Any changes or amendments to the plan must be approved by the public works director or his designate in accordance with the procedures set forth in this chapter obtaining storm water management plan approval. Public works director or his designate shall be, and are herein, granted inspection rights and right of entry privileges in order to ensure compliance with the requirements of this chapter.

Approved projects. The public works director or his designate shall carry out periodic inspections of the project site to insure compliance with this chapter. If it is determined that the project is not being carried out in accordance with the approved storm water management plan, the public works director or his designate is authorized to:

Written notice. Issue written notice to the applicant or owner, specifying the nature and location of the alleged noncompliance, with a description of the remedial actions necessary to bring the project into compliance within a reasonable specified time;

ii.

Stop-work order. Issue a stop-work order directing the applicant or owner to cease and desist all or any portion of the work which violates the provisions of this chapter, if the remedial work identified in the "written notice" is not completed within the specified time.

Unapproved projects. With respect to any development or development activity determined by the public works director or his designate to be subject to this ordinance, and being carried out without approval, the public works director or his designate is authorized to follow procedures for corrective action as described for approved projects except that after a stop-work order is issued, the owner does not bring project into compliance, the violation goes directly to the penalty phase.

Revocation of approval. Should the applicant or owner not bring the project into compliance with the written notice and stop-work order, he shall then be subject to immediate revocation of his storm water management plan approval and to the penalties described in the following section.

ii.

Appeal. Any notice, order or revocation issued pursuant to the above subsections shall become final unless the person named therein requests, in writing, no later than ten (10) days after the date of such notice, order or revocation is served, a hearing before the board of aldermen.

Penalties for violation. Violation of the provisions of this chapter or failure to comply with any of its requirements, including conditions and safeguards established in connection with variances or special use permits, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ninety (90) days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

Liability disclaimer. The performance standard and design criteria set forth herein establish minimum requirements which must be implemented with good engineering practice and workmanship. Use of the requirements contained herein shall not constitute a representation, guarantee, or warranty of any kind by the city or its officers and employees of the adequacy or safety of any drainage management structure or use of land. Nor shall the approval of a storm water management plan and the issuance of a permit imply that land uses permitted will be free from damages caused by storm water runoff. The degree of protection required by these regulations is considered reasonable for regulatory purposes and is based on historical records, engineering and scientific methods of study. Larger storms may occur or storm water runoff heights may be increased by manmade or natural causes. Enforcement of these provisions, therefore, shall not create liability on the part of the municipality or any officer of the municipality with respect to any legislative or administrative decision lawfully made hereunder, nor shall compliance relieve an owner, developer, developer's engineer, and/or permittee from responsibility under any circumstances where liability would otherwise exist.

Erosion control. The developer shall comply with the erosion control ordinances of the city found at sections 21-1, et seq. Said ordinances have been considered along with the 2000 revision of these subdivision regulations, and have been amended to conform with city's subdivision regulations after planning and zoning review and required public hearing. Recodification herein would be superfluous.

(i)

Public utilities. The developer shall design and construct the utility infrastructure necessary to serve his current development and any future development planned by said developer on his master/preliminary plan.

(1)

Over sizing. The developer shall oversize the infrastructure as determined by the director as necessary for future expansion of the city's utility system, provided however, that the cost of said materials over sizing shall be paid by the city. This includes but is not limited to lift stations and appurtenances thereto.

(2)

Electric distribution. All electrical power to subdivisions shall be installed as set forth in section (n) Electrical distribution system of this chapter.

(3)

Underground facilities. Where gas, telephone and electric service lines are placed underground throughout the subdivision, the mains, lines, cables and conduits shall be located within the easements or public right-of-way in a manner which will not conflict with other underground services. All controls, valves, transformers and terminal boxes shall be located so as not to be hazardous to the public.

(4)

Excavations. All excavations for public utilities made under paved areas shall be properly back filled with approved granular materials, and street repairs shall be completed as soon as possible to restore the street surface. All such repairs or reconstruction shall be completed at the expense of the developer or utility involved. No excavation of any street may be undertaken until all necessary permits are obtained. All utility excavations shall be constructed under the Missouri Standard Specifications for Highway Construction, and the Manual of Uniform Traffic Control Devices (MUTCD).

(5)

Overhead lines. When, in cases of variance, electric and telephone lines are to be carried on overhead poles, rear and side lot easements or public rights-of-way shall be utilized wherever possible.

(6)

Inspection. The city shall retain the right to inspect all city utilities prior to commencement of back filling operations.

(7)

Notification. The city shall be contacted no less than twenty-four (24) hours in advance of utility work being performed.

(8)

Final plans. Final plans must include, at a minimum, all utilities such as gas, cable television, and telephone lines, their locations, sizes and other pertinent information as they are to be constructed within the development.

(j)

Gas. If the developer proposes that natural gas be provided as fuel for home heating, the developer or gas supplier shall install all lateral lines necessary for distribution.

(k)

Street lighting. Street lighting shall be installed in all subdivisions developed within the city in accordance with the following design and installation standards.

(1)

Each developer shall submit a street lighting plan clearly set forth on the final plan submitted to the director. The street lighting plan shall be reviewed and approved by the director or his designated representative as part of the city staff review.

(2)

In a subdivision a lighting unit shall be installed at each intersection and cul-de-sac turnaround.

(3)

Lighting standards shall be staggered longitudinally a minimum of one hundred fifty (150) feet and a maximum of four hundred fifty (450) feet apart.

(4)

Each lighting unit shall be set back and centered on a point three (3) feet to four (4) feet from the rear curb line.

(5)

Mounting height shall be a minimum of twenty (20) feet from pavement to luminaire.

(6)

Lamp posts shall be round tube type of galvanized steel or black fiberglass and a minimum of twenty (20) feet in height. Lighting brackets or mast arms shall be a minimum of six (6) feet in length and made of aluminum alloy or galvanized steel.

(7)

Lamps or luminaires shall be as specified in chapter 41 of this Code or that recommended by the director or his designate.

(8)

Installation of lighting shall be independently contracted by the developer. Inspection of installation shall be made by the director or his designate and city crews shall make all final connections to the city's power source.

(9)

All street lighting shall be installed in accordance with the National Electrical Code edition adopted by the city at the time of installation. All electric lines, poles, and fixtures shall be assembled and wired through the base of the pole.

(10)

In all cases the subdivider shall pay the cost of all materials, equipment, accessories, and installation necessary for street lighting within the subdivision as well as any trenching, if necessary.

(l)

Landscape development/building gutter drains. All unpaved or otherwise unimproved areas within the public rights-of-way, or public use areas, shall be landscaped in a manner approved by the commission to include at a minimum seeding with permanent grasses and mulching, or sodding.

(1)

Where shrubs are required for the purpose of screening, specimen, density and other pertinent features shall be approved by the planning commission.

(2)

All common areas and lots (including right-of-ways and easements) are to be mowed and maintained by the developer until such a time as said lots are sold to individual interests.

(m)

Subdivision monumentation. All property surveys shall be conducted according to the current minimum standards for property surveys, as set out by the Missouri Land Survey Authority.

(1)

All monuments shall be established and installed to meet the requirements for monumentation of the Missouri Land Survey Authority.

(2)

Permanent markers shall be set by the subdivider:

At the intersection of all lines forming angles in the boundary of the subdivision.

At the intersection of street right-of-way lines at the beginning and end of all curves along street property lines.

At all lot corners.

(n)

Electrical distribution system.

(1)

In general. All power in new subdivisions shall be installed in accordance with the following design and installation standards:

All power shall be installed underground, except by variance in cases of exceptional conditions as determined by the director.

Each developer shall submit a comprehensive power distribution plan clearly set forth on the final plan submitted to the director. The plan shall be reviewed and approved by the director or his designated representative as part of the city staff review.

All power installations shall be installed in accordance with the National Electrical Code edition adopted by the city at the time of installation and any other applicable codes.

All required fees shall be paid by the developer prior to the commencement of the city's final connection procedures.

(2)

Developer's responsibility.

The developer shall provide, at its cost, a complete underground electric system, including trenching, conduit, transformers, pedestals, and other appurtenance therefor. The electric system installation by the developer shall consist of all conduits, manholes, pulling boxes, transformers, transformer pads, switch gear pads, pedestals, and pedestal bases, poles, and other required subsurface and above surface structures. Electric system shall be in accordance with the electric system specifications in chapter 41 of this Code.

The electric conduit system shall be installed and accepted prior to the commencement of any street paving, except by variance in cases of exceptional conditions as determined by the director.

(3)

City's responsibility.

The city will provide and terminate all primary and secondary voltage and service cables at the expense of the developer as specified in chapter 41 of this Code. The city shall make all permanent connections to meter bases, transformers, pedestals, and poles. The city shall own, operate, and maintain the entire distribution system within the subdivision, including both the portion installed by the city and that installed by the developer.

Upon application by the developer or customer, the city shall connect temporary electric service to the customer's private trim in accordance with city ordinance.

(Ord. No. 02-45, § 1, 7-1-02; Ord. No. 02-55, § 2, 8-5-02; Ord. No. 03-98, § 5, 8-18-03; Ord. No. 05-121, § 1, 10-3-05; Ord. No. 14-05 , §§ 1, 2, 1-21-14)

                    
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