§ 8. Public improvements—Minimum requirements
(a) Permanent markers. All subdivision boundary corners and the four corners of all street intersections shall be marked with permanent monuments. A permanent monument shall be concrete of at least four inches diameter, and extending to a depth of two feet below the ground surface, or steel pipe of at least one inch diameter firmly imbedded in concrete which extends two feet below the ground surface. Should conditions prohibit the placing of monuments on the line, offset marking will be permitted; provided however, that exact offset courses and distances are shown on the subdivision plat.
A permanent benchmark shall be accessibly placed and accurately noted on the subdivision plat, the elevation of such benchmark to be based on the USGS data.
(b) Street improvements. All streets and alleys shall be ditched and graded to their full platted width, including side slopes, and leveled to the grade of the surrounding lots. If the subdivider elects to pave any platted streets, the subdivider shall pave such street surfaces with concrete or with bituminous material to whatever depth is recommended by the planning and zoning commission. Such paving work shall be supervised and approved by the zoning officer prior to acceptance of the final plat by the governing body. If the subdivider elects not to pave a platted street, the subdivider shall include, as part of the final recordable plat and dedication of public streets, a covenant running with the land which affects all the lots in the subdivisions and which reads as follows:
The streets shown on the final subdivision plat of ____________ will not be paved by or at the expense of the subdivider or at the expense of the City of Doniphan, Missouri. However, whenever the owners in fee simple of a majority of the lots in such subdivision shall, in writing, request the board of aldermen of the City of Doniphan, Missouri, to pave all of the platted streets in the subdivision, the board of aldermen may elect (but shall not be required) to pave such streets or to cause such streets to be paved, and to assess the expenses of such paving to all the lot owners of the subdivision as hereinafter specified. The election by the board of aldermen shall be by written resolution, filed for record in the deed records of Ripley County and delivered to the owner of record of each lot in the subdivision by certified mail. The resolution of the board shall describe the subdivision and recite the names of the lot owners who requested that the streets be paved. It shall authorize the paving by city employees or by contract with a private paving company and it shall list the total expenses incurred or to be incurred by the city in paving the streets in the subdivision. The resolution shall apportion to each lot its share of the total paving expenses based upon the percentage of each lot's street frontage as compared to the total street frontage of all lots in the subdivision. From and after the recording of the resolution, the amount apportioned to each lot shall constitute a lien on such lot in favor of the City of Doniphan, Missouri, until the owner thereof shall pay the apportioned amount to the City of Doniphan. If any lot owner fails to pay the amount of paving expenses apportioned to the owner's lot within 180 days after the resolution of the board of aldermen is recorded in the deed records of Ripley County, the City of Doniphan shall bring an action and recover in the circuit court of Ripley County, Missouri, against the lot and the current owner thereof, the principle amount owed plus legal interest, attorney's fees and court costs. The city may proceed to pave the streets before all lot owners have paid their apportioned share of expenses, but it shall not be required to do so until the total expenses are paid in full. The mayor and the city clerk of the City of Doniphan are authorized and directed to file a notice of payment and release of lien on every lot whose owner has paid his apportioned share of paving expenses. The provisions above are to be construed as covenants running with the land and affecting all of the lots in the subdivision. Such provisions shall remain in effect for a period of 25 years from the date hereof or until the platted streets are once paved, whichever event is first to occur.
(c) Sidewalks. Concrete sidewalks shall be constructed along both sides of every major street shown on the plat in accordance with applicable design standards. The governing body may require that concrete sidewalks be constructed along one side of every minor street shown on the plat in accordance with applicable design standards.
(d) Water lines. Each subdivision shall be connected with the city water system in accordance with all state and municipal requirements so as to provide water service to every lot within the subdivision. The layout of the water system, the size of the pipes and mains to be used in the various parts of water systems and all other details regarding the water system shall be determined by the City of Doniphan. The cost of all water pipes and mains used in the subdivision shall be paid for by the subdivider, and the subdivider shall receive no refund of any kind whatsoever. Provided however, the City of Doniphan shall pay [for] all fire hydrants and all water mains and pipes larger than six inches in diameter which would be required to serve future development beyond the boundaries of the subdivision.
(e) Sanitary sewers. The subdivider shall construct a sanitary sewer system and provide lateral connections for each lot where a public sanitary sewer main is available at the plat boundary or within a reasonable distance thereto. Where a sewer is not yet available but is planned for extension to the subdivision, the subdivider shall install sewer lines, including lateral connections, as may be necessary to provide adequate service to each lot when connection with the sewer system is made. The sewer lines shall be suitably capped at the street right-of-way line. When capped sewers are provided, onsite disposal facilities shall also be provided. A sewer shall be considered to be planned for extension to a given area any time after engineering and related studies have been completed and the construction of facilities adequate to serve the area containing the subdivision has been programmed for completion within a reasonable time.
If a public sanitary system is not available under the conditions stated above, the subdivision or area may be considered as one where it is necessary to construct a community disposal system or individual septic tanks. Any such system must receive approval by the health department and the city council.
If, in the opinion of the health department or the zoning officer, factors exist which would create a public health and sanitation problem if a certain area is platted, the commission will not approve the subdivision and platting of such area until such factors are corrected by an adequate sewer system, or other method acceptable to the health department and the zoning officer.
(f) Storm sewers. Where a storm drainage system is reasonably accessible, the subdivider shall connect with such storm drainage system and shall do all grading and provide all drainage structures that are necessary to properly carry the water to the storm drainage system.
Where a storm drainage system is not accessible, the subdivider shall do all grading and provide all drainage installations and structures that are necessary to properly carry the water to locations which are acceptable to the zoning officer. Surface water will not be permitted to cross the pavement at low spots. Inlets with connection pipe will be required to carry the surface water from one side to the other.
(g) Reserved.
(h) Street signs. Four-way street markers shall be installed at each street intersection by the City of Doniphan. The cost of material shall be paid by the subdivider.
(i) Sidewalks. Sidewalks in [the] street right-of-way shall be constructed so that their inner edge shall approximate as near as possible to the private property line.
(Ord. No. 85-12, § 1(C—E), 10-15-85)