§ 5. Detail plans: Preparation, requirements, review and approval.

5.1

Receipt of the signed copy of the preliminary plan is authorization for the subdivider to proceed with the preparation of the detailed plans and specifications for the improvements required by this section. Prior to the construction of any improvements or the acceptance by the city of any guarantee for their construction, the subdivider shall furnish the building inspector three copies of all plans, specifications and other information necessary to determine the precise location, form and method of construction of all required improvements. These plans shall include the drainage calculations used to design all drainage facilities. These plans shall be reviewed by the building inspector and by a licensed engineer designated by the city. The subdivider shall pay the cost of said engineering review, pursuant to the established fee schedule. The detail plans shall consider and conform to the following enumerated items and requirements:

5.2

Permanent markers. Permanent and semi-permanent monuments conforming to the current "Missouri Standards for Property Boundary Surveys" shall be placed at all subdivision boundary corners where no existing monument was found, and placed at all new interior lot corners and right-of-way points of curvature. A linear and angular tie to a Boonville Mapping Control Station shall be shown on the final subdivision plat, (or the land surveyor may provide sufficient state plane coordinate data/ties on the final plat), to facilitate the proper location of the subdivision for future city mapping planning. A permanent benchmark relative to U.S.G.S. datum shall be placed within the subdivision and noted on the final improvement plans.

5.3

Street improvements. All street and public ways shall be graded to their full width, including side slopes, and to the appropriate grade, and shall be surfaced in accordance with specification of the city, as set forth in the city's street specifications. Such construction shall be subject to inspection and approval by the director of public works.

5.4

Water lines. Each lot within the subdivided area shall be provided direct access to an acceptable main to an approved public water supply. Fire hydrants and water lines shall be installed in all subdivisions in accordance with the specifications and regulations of the Missouri Department of Natural Resources and the Public Works Department. Hydro-testing and chlorinization shall be observed the director of public works or his/her representative.

5.5

Sanitary sewers. Each lot within the subdivided area shall be provided with a connection to a public sanitary sewer, stubbed into each lot. All connections and the subdivision sewer system shall comply with regulations of the Missouri Department of Health and Senior Services, the Missouri Department of Natural Resources, and shall be approved by the public works department.

5.6

Drainage. All subdivisions shall meet the following performance standards:

a.

No subdivision, including the grading and construction, shall cause the pattern or nature of drainage on adjacent property to change;

b.

No subdivision shall cause any stagnant collection of surface water;

c.

All subdivisions shall install the facilities necessary to accommodate the surface water runoff from a 50-year design storm;

d.

All curb-and gutter streets shall include sufficient storm water facilities to prevent the runoff from a 50-year storm from exceeding a four-inch depth at the gutter line or a three-foot width from the curbs;

e.

All drainage facilities and grading plans shall be designed so as not to cause or contribute to erosion problems;

f.

All stormwater mitigation plans shall conform to rules and regulations as set out in Appendix E; and

g.

Drainage facilities satisfactory to the building inspector shall be provided for the ends of all culs-de-sac and dead-end streets.

5.7.

Utility lines. All waterlines, gas lines, electric lines, telephone lines, cable television lines, street lighting cable, sewer lines, or any other special utility lines, shall be placed underground and in the parkway or approved utility easement. All final plats must dedicate a minimum of a ten-foot wide utility easement parallel and contiguous within the street right-of-way extending the full width of each and every lot located within the development. No utility lines shall run underneath any street pavement except where such lines are perpendicular to the centerline of the street. All utility lines shall be stubbed across the street prior to street paving, except where such requirement is impractical or unnecessary.

5.8

Street lights. All subdividers or developers shall provide for reasonable street lighting on and along all publicly accepted streets. Subdividers and developers shall provide one light at each street intersection and a minimum of one light for every 400 feet of street frontage according to the current lighting wattage and bulb standards acceptable to the city's electric utility provider.

5.9

Open spaces provided. All subdividers or developers shall provide for reasonable, adequate open space parks and recreational facilities as provided in the city's comprehensive and/or strategic plans. This provision shall be satisfied by any one or a combination of the following:

a.

Dedication of open space land for public use;

b.

Fee in lieu of dedication;

c.

Development of parks and recreational facilities within the subdivision. The method selected must be approved by the park board, commission and by the city council prior to acceptance of the final subdivision plat.

5.9.1

This provision applies to development of all residentially zoned lands in the City of Boonville including all subdivisions, lots, tracts and parcels.

5.9.2

Neighborhood facilities, open space parks, and recreational facilities provided by this article shall be within or near the development area, intended to serve the needs created by such development.

5.9.3

The city council after first receiving a recommendation from the commission shall have final determination as to the acceptability of dedicated lands, or fee-in-lieu or combination as appropriate to meet the requirements of this article and no building permits shall be issued until provisions of this article are satisfied.

5.10

Dedications. If dedication of land is selected, the dedication shall be by deed or plat, the amount of dedication required shall be controlled by the zoning character of the land being developed and shall correspond to the density of the subdivision, and shall not be less than provided in the schedule of dedication.

5.10.1

Schedule of dedication (minimum requirement):

Zoning	Minimum Size Development	Amount of Dedication
R-1	100 Acres	2.0%
R-2	67 Acres	3.0%
R-3	50 Acres	4.0%

 

5.10.2

The above-required open space shall be in addition to minimum required yard areas and space reserved for off-street parking in zoning ordinance. The percentage figures of dedicated space shall be based upon gross area on the development or subdivision.

All lands to be dedicated shall meet the following general requirements.

a.

Size: The minimum size dedication shall be two acres. Developments under this minimum will pay a fee-in-lieu of dedication.

b.

Location and accessibility: Should be located in or adjacent to subdivision or area to be served and easily accessible to it.

c.

Topography-drainage: Should consist of 50 percent minimum area within a grade less than four percent; balance may be covered with steep slopes, streams, ditches, lakes, or other natural features, provided however that waivers to this requirement may be granted by the city council to preserve natural features as described in paragraph 12, if such natural features can be utilized as part of the recreational area.

5.10.3

Any subdivision plat containing suitable facilities to be reserved, constructed and maintained by a homeowners' association or other like legally formed entity to serve the needs of the subdivision being created may satisfy the requirements of this chapter, provided they fulfill the area and suitability of this article, provide for ongoing maintenance in the event of dissolution of the association or entity and are approved by the park board, commission, and city council.

5.11

Fee-in-lieu of land dedication. When a subdivision is prohibited from dedication of land due to gross area being less than minimum size development for dedication or due to the proximity to existing recreational facilities, a fee-in-lieu is required. The amount of such fee is determined by multiplying the area that would otherwise be required for dedication by the following fee schedule:

5.11.1

Fee-in-lieu of dedication schedule.

Zoning	Fee per acre*
R-1	$20,000.00
R-2	$22,500.00
R-3	$25,000.00

 

*Fractional parts are prorated.

5.11.2

Fee-in-lieu shall be paid on an acreage basis at the time of final plat presentation (terms may be arranged if approved by the city council). No building permit shall be issued until the city receives requirements of dedication and/or fees.

5.11.3

The city council shall periodically, or upon the request of either the commission or the park board, review and revise the fee-in-lieu of dedication schedule in keeping which current fair market values, relative to the initial schedule at the time of adoption of this article.

5.11.4

All fee-in-lieu payments shall be deposited in the special park development account established on the books by the city and such funds may be used only for the purchase and development of park and recreational areas. The park board will plan and recommend such purchases to the city council for approval.

5.12

Resubdividing. Any lands resubdividing after passage of this article shall be subject to the provisions of this chapter except any lands or fee-in-lieu grants previously paid on same lands will receive credit; however, in no instance will lands so dedicated to or fees received by the city be returned or refunded to developers or subdividers. Lot line changes by owners of contiguous lots must meet all setbacks and must file legal descriptions that reference the plat with the Cooper County Recorder.

5.13

Watercourses. Where a subdivision is transversed by a watercourse, drainageway, channel, or stream, there shall be provided utility easements and drainage rights-of-way, conforming substantially to the lines of such watercourses or drainage rights-of-way of sufficient width to permit maintenance and future expansion reasonably anticipated. When, in the opinion of the city engineer, such watercourse contains obstructions that significantly lessen the capacity of the watercourse, such obstructions shall be removed as a part of the required public improvements.

5.14

Natural features. Natural features such as trees, brooks, hilltops, and views, shall be preserved whenever possible. The subdivider shall designate or show at the time of filing his final plat those trees, and other natural features which are to be retained. Artificial and natural lakes and wooded areas are to be preserved, and encouraged as much as possible.

5.15

If, upon completion of the review, the plans are found in conformance with all applicable ordinances and city standards, and with generally accepted standards of engineering design, the building inspector shall notify the subdivider of the approval of the plans. If the plans are found not to be in conformance, the building inspector shall notify the subdivider in writing of all differences. Approval of the plans for the construction of all required improvements is authorization for the subdivider to proceed with the preparation of the final plat. No final plat or official plat of any subdivision shall be approved, considered for approval nor shall any building permit be issued unless the required improvements are guaranteed using at least one or more of the following techniques:

a.

The improvements have been installed prior to such approval;

b.

The subdivider files with the city council an escrow secured with cash, or escrow secured with an irrevocable letter of credit or a surety bond, provided that a surety bonding company with a bond rating reasonably acceptable to the city must issue the surety bond and be otherwise reasonably acceptable to the city;

c.

The escrow or bond shall provide for and secure the actual construction and installation of the improvements and utilities within a period specified by the city council expressed in the escrow or bond, not to exceed three years. The city council may enforce the escrow or bond by all appropriate legal and equitable remedies, but shall release it within 30 days of the completion of each improvement being completed. No such bond shall be accepted unless it is enforceable by or payable to the city in a sum at least equal to the cost of constructing the improvements as estimated by the building inspector and in form with surety and conditions approved by the city counselor;

d.

A special assessment district is established with annual assessments sufficient to repay a special assessment bond or other instrument used to finance construction of the improvements. Special assessments may be used to finance not more than 50 percent of the total cost of all improvements and may be used only if approval is given by the commission and the city council; or

e.

The subdivider files with the city council a personal bond with security, conditioned to secure the construction of the improvements listed below in a satisfactory manner and with a period specified by the city council, such period not to exceed three years. Such bond shall 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 building inspector. Such bond shall be acceptable only if the security, form and conditions of the bond are acceptable to the city council.

5.16

If a developer who has posted an escrow or bond with the city transfers title of the subdivision property prior to full release of the escrow or bond, the city will accept a replacement escrow from the successor developer in a form herein specified in the amount of the escrow or bond held by the city at the time of the property transfer, and upon receipt of the replacement escrow, the city shall release the original escrow or bond in full and release the prior developer from all further obligations with respect to the subdivision improvements.

5.17

No building shall be occupied unless an occupancy permit has been issued. No occupancy permit shall be issued until all improvements have been constructed, inspected by the building inspector and accepted by the city, and until "as built" drawings have been prepared and filed with the director of public works excepting that if a developer has filed a guarantee, as delineated in this section, with the city for all public improvements to be constructed, the city may, at its option, accept portions of a subdivision by road station points if all improvements in that section are constructed to city specifications.

5.18

The owner of a tract may prepare and secure approval of a preliminary subdivision plan of an entire area and may install the above improvements only in a portion of such area, but the improvements must be installed at 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.

(Ord. No. 4059, § 5, 8-16-07)