APPENDIX B

SUBDIVISION*

Art. I. Short Title, § 1

Art. II. Purpose, § 1

Art. III. Definitions, § 1

Art. IV. General Regulations, §§ 1-3

Art. V. Procedure, §§ 1-5

Art. VI. Requirements, §§ 1-5

Art. VII. Minimum Design and Development Standards, §§ 1-7

Art. VIII. Improvements, §§ 1-15

Art. IX. Inspections and Fees, § 1

Art. X. Waivers and Exceptions, § 1

Art. XI. Building Permit, § 1

Art. XII. Enforcement, § 1

Art. XIII. Record of Plats, § 1

Art XIV. Violations and Penalty, § 1

Art. XV. Validity, § 1

BILL NO. 8394

ORDINANCE NO.8290

AN ORDINANCE DELETING APPENDIX B "SUBDIVISION" OF THE KIRKWOOD CODE OF ORDINANCES AND INSERTING IN LIEU THEREOF A NEW APPENDIX B OF THE KIRKWOOD CODE OF ORDINANCES WHICH ESTABLISHES REGULATIONS AND STANDARDS GOVERNING THE SUBDIVISION OF LAND WITHIN THE CITY OF KIRKWOOD, MISSOURI; PROVIDES FOR WAIVERS AND EXCEPTIONS; PROVIDES FOR THE ADMINISTRATION AND ENFORCEMENT OF THE VARIOUS REGULATIONS AND STANDARDS; PRESCRIBES PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDES FOR THE SEVERANCE OF PROVISIONS;

WHEREAS, the Planning and Zoning Commission of the city of Kirkwood, Missouri, did recommend on January 5, 1994, the City Council adopt amendments to the regulations and standards governing the subdivision of land within the City of Kirkwood, and

WHEREAS, the City Council has fully considered the proposed amendments and finds their adoption to be in the best interests of the citizens of this city.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KIRKWOOD, MISSOURI, as follows:

ARTICLE I. SHORT TITLE

Sec. 1.

This ordinance, and ordinances supplementary or amendatory hereto, shall be known and may be cited as "The Subdivision Code of the City of Kirkwood, Missouri."

ARTICLE II. PURPOSE

Sec. 1.

The purpose of this ordinance is to provide rules, regulations and standards to guide land subdivision within the City of Kirkwood, Missouri, in order to promote the public health, safety, convenience and general welfare of the municipality. It is to be administered to insure the orderly growth and development of the community, the conservation, protection and proper use of land, and adequate provision for traffic circulation, utilities, and other municipal services.

ARTICLE III. DEFINITIONS

Sec. 1.

Terms used in this ordinance are defined as follows:

(1) Alley. A minor right-of-way used primarily for vehicular access to the tear or side of properties otherwise abutting on a street.

(2) Block. An area of land, consisting of a series of lots, entirely surrounded by streets, streams, rights-of-way, parks, etc., or a combination thereof.

(3) Boundary adjustment. An adjustment to lot lines of platted lots or other lawful parcels for the purpose of adjusting the sizes of buildings, frontages, configuration of buildable lots, or consolidation of existing lots which does not create any additional buildable lots.

(4) Building line (setback). A line or lines on a plat designating the area outside of which buildings may not be erected, except as permitted in the zoning ordinance.

(5) Condominium Plat. A survey of the parcel and of all units of a multi-unit structure for the purpose of compliance with the "Condominium Property Act", Chapter 448 of the 1986 Revised Statutes of Missouri.

(6) Easement. A grant by property owner to the public, a corporation, or a person of the use of land for a specified purpose.

(7) Improvement plans. The engineering plans showing types of materials and construction details for the proposed subdivision improvements.

(8) Improvements. Street pavements, sidewalks, pedestrian walkways, water mains, sanitary sewers, storm sewers, sewage treatment and disposal plants, street signs, survey monuments, landscaping, street light installations, and other similar items.

(9) Lot. A platted parcel of land intended to be separately owned, developed, or otherwise used as a unit.

(10) Lot area. The total horizontal surface area within the boundaries of a lot exclusive of any area designated for street purposes, private or public.

(11) Lot, corner. A lot abutting upon two (2) or more streets at their intersection.

(12) Lot, double frontage. A lot having frontage on two (2) nonintersecting streets, as distinguished from a corner lot.

(13) Pedestrian way. An easement or right-of-way dedicated to public use to facilitate pedestrian access to adjacent streets and/or properties.

(14) Plat. A map or drawing, to scale, of a tract of land proposed for subdivision showing such information as is required elsewhere in this ordinance.

(15) Right-of-way. A strip of land reserved or acquired by dedication, prescription, condemnation, gift, purchase, eminent domain, or any other legal means occupied or intended to be occupied by a street, sidewalk, railroad, utility, sewer, or other similar use. In the case of a private street, the right-of-way shall be dedicated to the property owners or trustees for street maintenance purposes.

(16) Street. A general term denoting a public or private way which affords the principal means of vehicular access of abutting property. The term includes all facilities which normally occur within the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, and/or court, but shall not include an alley, driveway, common driveway, driveway easement, or a pedestrian way.

(17) Street, collector (secondary). A street designed to carry traffic from several minor streets to the system of major streets, or a street located in a zoning district other than a single family residential district.

(18) Street, dead end (cul-de-sac). A street having only one end open for vehicular traffic and the other permanently terminated by a turn around for vehicles.

(19) Street, major (primary). A street designed or used primarily for high vehicular speeds or heavy volumes of traffic on a continuous route. The following streets are hereby designated as major streets: Kirkwood Road, Big Bend Road, Manchester Road, Geyer Road, Adams Avenue, Dougherty Ferry Road, Woodlawn Avenue, Leffingwell Avenue, Ballas Road, Essex Avenue, Marshall Road, and any street with an average daily traffic of five thousand (5,000).

(20) Street, minor (neighborhood). A street of limited continuity in a single family residential zoned district which serves or is intended to serve the local needs of a neighborhood, and is used primarily for access to abutting properties.

(21) Street, private. A private way which affords the principal means of vehicular access to abutting property.

(22) Subdivision.

(a) The division of a lot, tract, or parcel of land into two (2) or more lots, sites or parcels for the purpose of either immediate or future sale or building development, including, also, the resubdivision of land or lots; providing, however, that the sale or exchange of parcel, of land to or between adjoining owners, where such sale or exchange does not create additional lots, shall not be considered a subdivision; also

(b) The dedication of a new road, highway, street, alley, pedestrian way or public way, or of a public easement; or

(c) The dedication of property for the widening of an existing road, highway, or street to conform with the minimum street right-of-way requirements of this ordinance.

ARTICLE IV. GENERAL REGULATIONS

Sec. 1.

(a) No land within the limits of the City of Kirkwood shall be subdivided after the adoption of these regulations without complying with the provisions of this ordinance.

(b) No building construction or improvement, such as sidewalks, water supply, storm water drainage, sewage facilities, gas service, electric service, street lighting, or the grading, paving or surfacing of any street, shall hereafter be made within any such subdivision by any owner or owners or his or their agent, or by any public service corporation at the request of such owner or owners or by his or their agent until the final plat for the subdivision and also the plans for the improvements thereto have been properly reviewed by the planning and zoning commission and officially approved by the council of the City of Kirkwood.

(c) Where a tract of land is proposed to be subdivided in several stages over a period of years, and the subdivider requests approval in parts, he shall submit a detailed plan of the entire tract to be developed at the time of submission of request for the first section, with appropriate sectioning to demonstrate to the planning and zoning commission that the total design, as proposed for the entire subdivision, is feasible. The planning and zoning commission may give preliminary approval to the overall plan and final approval on the parts as submitted from time to time.

(d) The provisions of this ordinance shall be held to be the minimum requirements necessary in the subdivision of land.

(e) Where a tract of land to be subdivided abuts a street requiring additional right-of-way for future widening purposes, any width taken shall not be subtracted from the net area for building sites and shall not increase the front building setback line.

(f) All interpretations of these rules and regulations are reserved to the administrative bodies referred to herein.

Sec. 2. Boundary Adjustments.

(a) Purpose. The purpose of this section is to allow adjustments to lot lines of platted lots or other lawful parcels for the purpose of adjusting the sizes, frontages, or configuration of buildable lots; or consolidation or division of existing lots, subject to the provisions for B-4 or B-5 developments described below.

(b) Boundary adjustment criteria. Boundary adjustments must meet the following criteria:

(1) No additional, divided, or consolidated buildable lot shall be created by any boundary adjustment, except for B-4 or B-5 development plans approved by the City Council which contain a cross-easement agreement or other form of agreement, provided that the property remains under the terms and conditions of the development plan.

(2) Boundary Adjustments shall be authorized for lawful lots of record provided that the resulting adjustment of lot lines does not increase the degree of non-compliance of the total area adjusted.

(1) A boundary adjustment shall be accomplished by plat prepared by a surveyor licensed in the State of Missouri and shall include an adequate legal description of the boundaries of the original lots and of the adjusted lots.

(2) The boundary adjustment plat or plats shall be submitted to the Department of Public Works and City Clerk for review and approval prior to its recording with the Recorder of Deeds of St. Louis County. No further approval shall be required by the City.

(d) Fee. At the time of submitting the plat to the City, a fee shall be paid in accordance with Chapter 5, Article VI “Fee Schedule” to defray the administrative costs incidental to reviewing and signing the plat.

(Ord. No. 9462, §1, 3-3-05; Ord. No. 9611, §1-2, 8-3-06)

Sec. 3. Condominium Plats.

(a) Purpose. The purpose of this section is to allow administrative review and approval of condominium plats as defined by Chapter 448 of the Revised Statutes of Missouri.

(b) Condominium Plat Criteria. The condominium plat shall comply with the requirements of a condominium plat as established by Chapter 448 of the revised Statutes of Missouri.

(c) Procedure. The plat shall be submitted to the Department of Public Works and City Clerk for review and approval prior to its recording with the Recorder of Deeds of St. Louis County.

(Ord. No. 9611, §1-2, 8-3-06

ARTICLE V. PROCEDURE

Sec. 1. Preliminary considerations.

In order to make the most of opportunities related to the proposed subdivision and to conserve time, effort, and expense, the owner or subdivider should consult with the engineering department of the city and with other public officials prior to the preparation of the preliminary plat for the subdivision.

Sec. 2. Sketch Plan.

(a) Prior to submitting a preliminary plat of a subdivision of any land within the City of Kirkwood, a developer may submit to the Public Works Department a sketch plan for the tract which shall include the following information, which may be based on sources of information other than field survey data:

1. Location map

2. Tract boundary lines

3. Location of existing structures

4. Tree masses

5. Scale, with north arrow and date

6. Existing streets and water courses within the tract

7. Approximate location of proposed streets.

8. A rough sketch of the site plan showing the general layout of the lots with approximate sizes and dimensions.

(b) The Public Works Department shall review and evaluate the sketch plan as soon as practical and shall advise the developer the merits and feasibilities of the proposed subdivision.

Sec. 3. Filing of preliminary plat.

(a) A subdivider desiring approval of a preliminary plat of a subdivision of any land lying within the City of Kirkwood shall submit to the Planning and Zoning Commission a written application for such approval prepared on printed forms furnished by the commission. Such application shall be accompanied by plans and information prepared in accordance with the requirements set forth in Article VI of this Ordinance.

The completed application and prints of the required drawings shall be submitted no later than ten (10) days prior to the Planning and Zoning Commission meeting at which initial consideration is desired.

(b) At the time of filing the application for approval of the preliminary plat, a fee shall be paid in accordance with Chapter 5, Article VI “Fee Schedule.” Said amount shall not be returned to the applicant upon failure to meet the requirements of this Ordinance or to submit a final plat in proper form, but shall be used to defray the administrative costs incidental to processing the preliminary plat by the Council, the Planning and Zoning Commission, and their officers or employees.

(c) The preliminary plat shall be reviewed by the Planning and Zoning Commission and the City Council to determine whether the plat is in harmony with the Comprehensive Plan of the City.

(d) If the preliminary plat is reviewed by the Planning and Zoning Commission, the City Council shall be notified in writing of their recommendation. The Council may approve the preliminary plat, may modify the plat and/or conditions of approval, or deny the preliminary plat.

(e) If the preliminary plat is approved by the Council by resolution, the applicant is authorized to proceed with the preparation of the final plat.

(f) Preliminary approval by the City Council shall confer upon the applicant the following rights for a one-year period from the date of approval:

(1) That the general terms and conditions under which the preliminary approval was granted will not be changed.

(2) That the applicant may submit on or before said expiration date the whole or part or parts of said plat for final approval. In the case of a subdivision being developed in stages, the applicant may elect to have final approval delayed for a period not to exceed three (3) years from the date of preliminary approval for the remaining portions of the plat, after submission of one portion within the specified period. Failure to submit the remaining portions for approval in final plat form within the three (3) year period from the date of preliminary approval will require reprocessing of the application for preliminary approval.

(Ord. No. 8410, §1, 4-6-95; Ord. No. 9611, §1-2, 8-3-06)

Sec. 4. Approval of final plat.

(a) The final plat, prepared in accordance with the requirements set forth in Article VI of this ordinance, shall be submitted to the Planning and Zoning Commission for approval and a fee shall be paid in accordance with Chapter 5, Article VI “Fee Schedule.” In addition to the actual final plat itself the submission shall include the following items:

(1) Prints of final plat as required by the Public Works Department.

(2) Prints of improvement plans for subdivision.

(3) Evidence of approval by Metropolitan St. Louis Sewer District of all plans for sanitary and storm sewer installations and sewage disposal facilities.

(4) Detailed estimate of the cost of the proposed improvements, prepared by subdivider's engineer.

(5) Performance guarantee approved by the city attorney, assuring completion of the proposed improvements.

(b) Following the approval of the final plat, as so submitted, by the Planning and Zoning Commission such approval shall be endorsed on the original tracing of the plat over the signature of the chairman or vice chairman of the commission and the attest of the secretary, and the plat, so approved together with all supporting data shall be forwarded to the city council for final approval.

(c) Approval of the final plat by the city council shall be by ordinance and shall be certified on the document to be filed for record over the signature of the city clerk and the seal of the City of Kirkwood. After the city council has approved the performance guarantee posted by the subdivider, the final plat, endorsed with the approval of the city council, together with a certified copy of the ordinance granting such approval, shall be filed for record in the office of the St. Louis County Recorder of Deeds at the sole expense of the subdivider within ninety (90) days of the passage of the ordinance or said ordinance and subdivision plat approval shall become null and void.

(d) Within ten (10) days after the recording of the final plat, the subdivider shall file with the city clerk one (1) mylar print and two (2) paper prints of the recorded plat all of which shall bear the print of the recorder's stamp thereon.

(Ord. No. 9611, §1-2, 8-3-06)

Sec. 5. Subdivisions in flood hazard areas.

(a) All subdivision applications for areas located within the flood hazard areas as that term is defined in the Code of ordinances shall be reviewed with respect to the following criteria:

(1) The proposed development is consistent with the need to minimize flood damage.

(2) Subdivision proposals greater than five (5) acres or fifty (50) lots, whichever is lesser, include regulatory flood elevation data.

(3) Adequate drainage is provided so as to reduce exposure to flood hazards.

(4) All proposed public utilities and facilities are located so as to minimize or eliminate flood damage.

(b) No subdivision application for areas located within a flood hazard area shall be approved by the city council without a favorable finding of fact with respect to each criterion set forth in subsection (a) above.

(Ord. No. 8553, §1, 10-3-96)

Cross references-Flood damage prevention, §5‑69 et seq.; F‑1 floodplain districts, App. A, Art. VIII, §1.

ARTICLE VI. REQUIREMENTS

Sec. 1. Professional studies, legal services, and associated fees.

(a) The City has and continues to reserve the authority to charge and collect reimbursement for third-party building plan, site, or other review of the application including, but not limited to, civil engineer, traffic engineer, landscape architect, urban forester, arborist, legal, City Attorney, or any other professional costs and associated expenses. The City may implement an administrative escrow and/or deposit procedure whereby funds are deposited with the City in an amount equal to estimated third-party costs.

(b) If the City makes a determination that an application requires professional services, the City may utilize its own professional staff such as the City Attorney’s Office, Planner, City Engineer, or City Forester, or may engage a professional to conduct the study and deliver the results to the City. The applicant shall pay the cost of the professional service plus administrative costs to the City of Kirkwood to retain the professional.

(c) The professional services shall not commence without agreement of the applicant as to the costs of such study and the deposit with the City of the estimated fee for the professional services plus administrative costs of ten percent (10%) of estimated cost of the services or a minimum of $100. The applicant shall be refunded any overpayment at the conclusion of the professional report, except the administrative cost to the City which is a non-refundable fee.

(d) The professional report or study shall become the property of the City for its sole use.

(Ord. No. 9201, §1, 11-21-02)

Sec. 2. Preliminary plat.

(a) The preliminary plat submitted by the subdivider shall be drawn to scale of not less than one inch equals one hundred feet (1" = 100'); provided, however, that if the resulting drawing would be over thirty-six (36) inches in shortest dimension, a scale as approved by the commission may be used. The preliminary plat shall be prepared by a land surveyor or professional engineer, registered to practice in the State of Missouri, and may be drawn from sources of information other than field survey.

(b) The following items shall be either shown on or accompany the preliminary plat.

(1) A location map.

(2) Sanitary sewage disposal method.

(3) Storm water management.

(4) Proposed name and location of the subdivision.

(5) Names and addresses of the owner, subdivider, land planning consultant, and the engineer or surveyor who prepared the plat.

(6) Existing and proposed street right-of-way and pavements, including any proposed dedication strips for widening existing streets; approximate gradients, types and width of pavements; location of curbs, sidewalks, walkways, planting strips; and other pertinent data.

(7) Layout of lots, showing approximate dimensions and number.

(8) Parcels of land proposed to be dedicated, or reserved for schools, parks, playgrounds or other public, semi-public, or community purposes.

(9) Easements, existing and proposed, showing locations, widths and purposes.

(10) Building setback lines for front, side, and rear of each lot.

(11) Location and size of nearest water main and fire hydrant, storm sewer, sanitary sewer, and other utilities.

(12) Location, type and approximate size of utilities to be installed.

(13) Tract boundary lines showing dimensions, bearings, angles and references to known land lines and monuments.

(14) Topography of the tract, existing and proposed, shown at contours at vertical intervals of two (2) feet if the general slope of the site is less than ten percent (10%) and at vertical intervals of five (5) feet if the general slope is ten percent (10%) or greater. U.S.G.S. data will be acceptable).

(15) Tree masses and all individual trees having a diameter of eight (8) inches or greater shall be shown as to be lost or saved. All individual trees having a diameter of eight (8) inches or greater shall be identified as to species.

(16) Location of existing structures.

(17) Scale, north arrow and date.

(18) Multiple dwelling unit subdivisions shall show the following calculations:

(a) Gross area of tract.

(b) Area in streets.

(d) Maximum number of units allowed.

(e) Total number of units proposed.

(f) Parking ratio.

(g) Distances between structures.

(c) A tree study prepared and endorsed by an or arborist certified by the International Society of Arboriculture or a forester certified by The Society of American Foresters and shall be required when the subdivision contains a significant tree or trees (significant trees shall be live trees of a species suitable for the urban environment having a diameter of eight inches or greater). The study shall provide a professional opinion regarding the survivability of significant trees existing on the site and appropriateness of the proposed tree replacement and landscaping. The City may require a professional study under the provisions of this code if the petitioner fails to provide such study or it is determined the study in inadequate or deficient.

Ord. No. 9201, §2, 11-21-02)

Sec. 3. Final plat.

(a) The final plat may include all or only a part of the preliminary plat which has already received approval. (See Article IV).

(b) The final plat is to be prepared from an accurate survey made by a land surveyor, registered to practice in the State of Missouri, and shall be drawn on tracing cloth, drafting film, or equivalent on one or more sheets whose maximum dimensions can be thirty-six (36) inches by thirty-six (36) inches. Scale of the drawing shall be one hundred (100) feet or less to the inch. If more than one sheet is required, a key map shall be provided on Sheet #1, showing the entire subdivision at reduced scale.

(1) Boundary lines, with dimensions and bearings or angles, which provide an accurate survey of the tract.

(2) All section, township, and range lines and the boundary lines of municipalities, sewer, school, and other established districts within or adjoining the subdivided area.

(3) Accurate location of all existing and recorded streets intersecting the boundaries of the tract and the lines and record owners of all adjoining lands with book and page numbers of the recorded deeds.

(4) Reference to recorded subdivision plats of adjoining platted ground by record name and date.

(5) Accurate description of the boundary of the tract by metes and bounds, or otherwise, together with a statement of the included area calculated to the nearest one hundredth of an acre.

(6) Right-of-way lines of streets and other rights-of-way and the property lines of all lots and other tracts, with accurate dimensions, bearings and curve data, including radii, arcs, points of tangency, and central angles.

(7) Name and right-of-way width of each street, alley, or other right-of-way.

(8) Location, dimensions, and purpose of each easement.

(9) Each lot line and an identification system for all lots and blocks.

(10) The area in square feet for each tract, site parcel, or lot in the subdivision.

(11) Purposes for which sites, other than residential lots, are dedicated or reserved.

(12) Building setback lines for front, side, and rear yard of each lot.

(13) Location, type, material, and size of all survey monuments and lot markers, including bench marks, with elevations referenced to mean sea level datum.

(14) Subdivision title or name, north arrow, scale, and date.

(15) Certificate of registered land surveyor covering execution of survey and preparation of subdivision plat.

(16) Certificate of the owner creating the subdivision, dedicating all street rights-of-way, dedicating all public areas with statement of the use or uses for which dedicated, granting easements with statement of the use or uses for which granted, establishing building lines, and referring to the restrictions of all types and trusteeships which will run with the land and become covenants in the deeds for lots.

(17) Certificates of all owners and holders of deeds of trust, the plat as prepared and releasing from the lien created by said deeds of trust all land dedicated to public use on the plat.

(18) Certificate indicating approval of the plat by the Planning and Zoning Commission of the City of Kirkwood, prepared for signature of the chairman and attest by the secretary of the commission.

(19) Certificate indicating approval of the plat by the council of the City of Kirkwood, prepared for execution by the city clerk over the seal of the City of Kirkwood.

(20) The record plat shall show the outboundary of the subdivision tied to the Missouri coordinate System 1983 in accordance with the current Missouri Minimum Standards for Property Boundary Surveys, and the coordinates of the exterior corners shall be shown on the plat.

(d) The final plat submittal shall include a digitized version of the plat in a format compatible with the City’s mapping software. The surveyor who is sealing the record plat must submit a signed and sealed letter indicating the attached disk is an accurate representation of the final version of the Record Plat.

(Ord. No. 9087, §§1-2, 11-1-01)

Sec. 4. Improvement plans and specifications.

The final plat submission shall be accompanied by plans and specifications for the improvements required under Article VIII. The plans and profiles of all streets, storm and sanitary sewers, water lines and drainage structures, together with drainage area maps, shall be prepared on standard plan and profile sheets, twenty-four (24) inches by thirty-six (36) inches, by a professional engineer, duly registered to practice in the State of Missouri. The plans shall cover the details of all improvements required under Article VIII. The plans and specifications must be submitted to and approved by the city engineer prior to their submission to the City Council with the final plat. Plans for storm and sanitary sewer installations shall be approved by Metropolitan St. Louis Sewer District as well as the city engineer. A five hundred dollar ($500.00) deposit shall be submitted to the city as part of the performance guarantee to be released after the city receives "as built" drawings of the drainage facilities and same are approved by the public works director.

If the subdivision contains a significant tree or trees, the final plat submission shall also be accompanied by a tree study of the final improvement plans providing the City with a professional opinion signed and endorsed by an arborist certified by the International Society of Arboriculture or a forester certified by The Society of American Foresters, regarding the survivability of significant trees existing on the site, any changes from the preliminary plan proposal, and the appropriateness of the landscaping proposed for the subdivision. This study shall include tree protection methods for each tree and the dollar value of each tree designated to be saved. The dollar value of the tree(s) shall be based on the date contained in the International Society of Arboriculture’s “Guide for Tree Appraisal.” If the petitioner fails to provide this study or it is inadequate or deficient, the City may require a professional landscaping study under the provisions of this code.

(Ord. No. 9201, §3, 11-21-02)

Sec. 5. Performance guarantee.

(a) Before approval of the final plat by the City Council, a performance guarantee shall be required from the subdivider in the amount of the estimate, approved by the city engineer for the total cost of the proposed improvements. The performance guarantee shall run to the city council and be with good and sufficient surety, satisfactory to the council, and as approved by the city attorney, conditioned upon the installation (including maintenance during the development period) of the required improvements within two (2) years after the approval of the final plat. If, at the end of the two (2) year period all of the improvements have not been completed, the Public Works Department shall (1) extend the period, (2) take action to obtain the necessary monies from the surety to complete the improvement, or (3) take action to obtain the necessary monies from the surety to hold in the City treasury until the improvements may be completed.

(b) The performance guarantee shall guarantee the total required improvements but may be reduced upon written authorization of the Public Works Director upon completion of specific improvements provided the released amount does not exceed 75 percent of the estimated cost for the specific improvement or 75 percent of the total initial amount of the performance guarantee. The total amount remaining in the performance guarantee shall continue to guarantee completion of all improvements until completely released in accordance with (c) below.

(c) Upon completion of all improvements and final inspection; and approval and acceptance by the City of improvements which will be maintained by the City, the Public Works Director may release the remaining 25 percent of the performance guarantee.

(d) The performance guarantee may be held by the City until the City is provided written certification that improvements that have been constructed meet the standards and have been accepted for maintenance by other agencies such as the Metropolitan Sewer District, Kirkwood Water, Kirkwood Electric, St. Louis County Department of Highways and Traffic, and Missouri State Highway Department.

ARTICLE VII. MINIMUM DESIGN AND

DEVELOPMENT STANDARDS

Sec. 1. General.

In the design of each subdivision, or portion thereof, the subdivider shall conform to the principles and standards of land subdivision that will encourage good development patterns as set out in this article. Subdivisions shall provide for the coordinated development of adjacent parcels of property.

Sec. 2. Street design.

(a) Street layout shall provide access to all lots and parcels of land within the subdivision. Street jogs of less than one hundred twenty-five (125) feet shall be prohibited. Cul-de-sacs shall not exceed one thousand (1,000) feet in length as measured from the nearest intersecting street or turn-around. The centerline of a newly-platted street shall not be located closer than 250 feet from the center diameter of a cul-de-sac except when no other public street access is available to serve the parcel being developed.

(b) Minor, or neighborhood streets, shall be designed so as to discourage through traffic. Subdivision streets shall be platted to allow the distribution of traffic throughout the City.

(c) All platted streets shall be public rights-of-way dedicated to the City of Kirkwood. Private streets shall be prohibited.

(d) Reserved strips controlling access to streets shall be prohibited.

(e) Minimum widths of street rights-of-way shall be as follows:

(1) For major or primary streets-Sixty (60) feet.

(2) For secondary or collector streets-Sixty (60) feet.

(3) For minor or neighborhood streets-Fifty (50) feet.

(4) For cul-de-sac streets serving less than nine (9) single family residential lots, including corner lots, with additional easements as required - Forty (40) feet, with approval of the Planning and Zoning Commission for the purpose of reducing site grading.

(f) All cul-de-sacs shall terminate in a circular right-of-way with a minimum radius of fifty-five (55) feet with a five-foot wide easement for street, sidewalk, and utilities along the perimeter.

(g) Subdivisions that adjoin or include existing streets that do not conform to the required right-of-way widths shall dedicate additional width along either or both sides of such streets. When the subdivision is located on one side of an existing street or road, a minimum of one-half (1/2) of the required right-of-way shall be provided, measured from the center line of the right-of-way as originally established.

(h) Streets shall be laid out to intersect as nearly as possible at right angles.

(i) If the angle of intersection of two (2) streets is less than sixty (60) degrees, the radius of the arc at the intersection of the property lines shall be approved by the Public Works Department. At the intersections of other streets, the property line corners shall be rounded by arcs with radii of not less than twenty (20) feet, or chords of such arcs.

(j) At intersections of streets with alleys, the property line corners shall be rounded with radii of not less than fifteen (15) feet or chords of such arcs.

(k) Intersection of more than two (2) streets at one point shall be prohibited.

(l) Where parkways or special types of streets are proposed, the Planning and Zoning Commission may modify the standards in the design of such parkways and streets to be followed in the design of such parkways or streets.

(m) Horizontal visibility on curved streets and vertical visibility on all streets shall be maintained along the center line as follows:

(1) Major or primary streets-Five hundred (500) feet.

(2) Collector or secondary streets and parkways-Three hundred (300) feet.

(3) Minor or neighborhood streets-One hundred fifty (150) feet.

(n) Horizontal curvature measured along the center line shall have a minimum radius as follows:

(1) Major or primary streets-Five hundred (500) feet.

(2) Collector or secondary streets and parkways-Three hundred (300) feet.

(3) Minor or neighborhood streets-One hundred fifty (150) feet.

(o) All changes in grade shall be connected by vertical curves to provide a smooth transition and the required sight distance.

(p) Between reversed curves on major streets, there shall be a tangent of not less than one hundred (100) feet; and on collector and minor streets, such tangent shall be not less than forty (40) feet.

(q) Maximum grades for streets shall be as follows:

(1) Major streets - Not greater than six percent (6%).

(2) Collector streets - Not greater than ten percent (10%).

(3) Minor or neighbor streets - Not greater than ten percent (10%), however, grades up to twelve percent (12%) may be approved by the Planning and Zoning Commission for the purpose of reducing site grading.

(4) At street intersections:

1. The grade of collector and minor streets shall not be greater than four percent (4%) for a distance of fifty (50) feet from the center of the intersection.