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 in accordance with this Code.

1. If a Property being subdivided contains a lake/reservoir or portion thereof, the Subdivider shall submit a letter signed and sealed by a professional registered engineer that the lake/reservoir is safe and meets all rules and regulations of the Missouri Dam and Reservoir Safety and any other regulations governed by the Missouri Department of Natural Resources. If such regulations do not govern, safety guidelines as issued by the Corps of Engineers or other applicable guidelines or regulations shall be followed.
2. No grading or construction shall be permitted below a lake, dam, pond, or stream without submitting an engineering report stating the lake, dam, pond, or stream bank is safe and will not have any impact on the proposed development.
3. The boundaries or alignment of a lake, pond, or stream shall not be changed, and no grading or clearing shall be permitted within twenty (20) feet of such a water body except as may be approved by the Floodplain Administer, when the proposed changes are shown to have no adverse effect.
4. An association of Property owners with Lots containing or adjacent to a lake must be created in conformity with state law to be responsible for maintenance of the lake and/or dam.
5. A drainage easement must be provided for any watercourse, stream channel, or other drainageway; the easement must be wide enough to allow natural drainage, improvements to the channel, or the installation of a storm sewer.
6. Any change in an existing drainageway must be approved by the Floodplain Administrator.
7. Development in the 100-year floodplain must comply with provisions of the City of Fenton flood ordinances and the regulations of the Federal Emergency Management Agency (FEMA).

Natural features, including, but not limited to, trees, lakes, and streams shall be considered as irreplaceable assets and incorporated into the design of the Subdivision to the maximum extent feasible.

a. A recorded easement shall be provided for the installation and maintenance of all utility facilities that are not located within a public Street. All Streets and existing and proposed easements shall be shown on all Plats. A clause shall be included in the deed of each affected Lot reserving the easement.
b. Whenever areas designated and platted as common land contain facilities Detention/Retention Areas or recreational uses which require periodic maintenance, a minimum fifteen (15) feet wide access easement shall be provided from the Street to the common land. This access easement shall not be included as part of any Lot. The Public Works Director may require a wider easement when reasonably necessary to facilitate maintenance equipment likely needed for such periodic maintenance. Said access shall be constructed of materials appropriate to accommodate such equipment and in such configuration as approved by the Public Works Director.
c. The width of a utility easement shall be specified by the Director as reasonably required but in no case shall be less than a total of ten (10) feet. Said easement may include area on both sides of the adjoining Properties.
d. The width of an easement for a stream or drainageway shall be specified by the Director to be adequate in area to contain facilities to take care of flooding or erosion along said stream or surface drainage course.
e. Where possible, easements shall be centered on or adjacent to Rear or Side Lot Lines.
f. Where an easement is located on the side, front, or interior of a Lot, the Director may require an increase in the depth or width of such Lot to allow for the easement.
g. In Subdivisions for Single-Family Residential Dwellings, Detention/Retention Areas and land designated to provide access to such facilities shall be located within common land.

a. Stormwater and drainage easements may be required, if necessary, for proper drainage within and through a Subdivision.
b. Stormwater control easements are required along all major creeks and significant tributaries; around and including all new wet lakes functioning as part of a stormwater control system; and for all Detention/Retention Areas and related Structures.
c. The boundary line of stormwater control easements shall be located a minimum distance of twenty (20) feet back from the bank of improved creek channels as approved on Improvement Plans, or at such width back from unimproved channels as required by MSD. Easement lines shall be located a distance of not less than ten (10) feet back from the estimated high-water line of lakes and dry Detention/Retention Areas.
d. Final location of stormwater control easements shall be approved by MSD and the Director as part of the Improvement Plan.
e. Access easements shall be required, as necessary, to provide for maintenance of the area within designated stormwater control easements. Separately designated access easements shall not be less than twenty (20) feet wide.

3. All easements shall be shown on a Record Plat or Special Easement Plat. Script on the Record Plat or Trust Indentures for all developments containing stormwater control easements and access easements to such areas shall specify assessments for and maintenance of such areas apart from other common land.

1. Where none are existing, survey monuments shall be placed by a registered land surveyor at Street corners; i.e., at a four-way Intersection, two (2) corners are required to be monumented, and at a three-way Intersection, one (1) corner is required to be monumented. For all other types of Intersections, monuments shall be placed as determined by the Director. In addition, monuments shall be so located to find angle points, points of tangency of curves on one (1) side of the Street, and at all out boundary corners.
2. Should conditions prohibit the placing of any monuments at the above locations, offsetting of the permanent marker is permitted; provided however, that the exact offset courses and distances are shown on the letter of certification when monuments are set. If a monument would be in a Driveway, a cross would be permitted in concrete; and a steel pin, iron pipe, or railroad spike in Asphalt.
3. Monuments shall be of Portland cement concrete, four (4) inches square on the top tapering to six (6) inches square on the bottom; stone, four (4) inches square or larger; and iron pipe or steel pins, from one-half (1/2) inch to one and one-half (1 1/2) inches in diameter. All monuments noted above will have a length of two (2) feet or longer.
4. An existing permanent benchmark or a new permanent benchmark shall be accessibly established and shall be accurately noted on the Record Plat.
5. All monuments shall be flush with the ground surface.

1. Lots shall be arranged so that they will be buildable, satisfy all requirements of the Zoning Code, and meet all health regulations.
2. Lots shall meet the minimum Lot Area and Lot Width at the required Front Setback as required by the Zoning District in which they are located. Corner Lots for Residential Use shall have adequate Lot Widths to permit appropriate Front Setbacks from both Streets.
3. Flag Lots are prohibited and shall not be further subdivided.
4. Side Lot Lines shall be approximately at right angles to straight Streets or radial to curved Streets unless a variation would result in a more appropriate Street layout or Lot arrangement.
5. Through Lots shall be avoided except where necessary to provide separation of a Subdivision from an Arterial Street or railroad or as otherwise required by topography. A solid fence, planting, or berms may be required for necessary Screening along any Lot Line abutting an Arterial Street or railroad.
6. Blocks shall be deep enough to allow two (2) tiers of Lots except where Arterial Streets, railroads, or topography prevent such an arrangement.
7. Where Lot Areas are large enough for possible Resubdivision, or where a portion of a Property is not subdivided, the layout must allow such Resubdivision and permit the opening of Streets where they would be required.
8. Private Streets shall only be authorized by a Special Use Permit. Otherwise, each Lot shall front on an approved public Street.
9. Wherever possible, no Lot used for Residential Uses shall have Frontage on or direct access to an Arterial Street. Corner Lots located at the Intersection of Arterial and Minor Streets shall have Driveway access from the Minor Street, if possible.
10. Where there is a question as to the suitability of a Lot or Lots for their intended use due to factors such as rock formations, soil conditions, steepness of terrain, flood conditions, or other adverse natural physical conditions, the Commission may withhold a recommendation for approval of such Lots until engineering studies are presented to the Commission which establish that the method proposed to meet any such condition is adequate to avoid any danger to public safety, health, and welfare, or Lot improvement.

1. All utilities, including, but not limited to, natural gas, electrical, telephone, and television cables, shall be buried.

a. However, such utilities in public Streets may not be buried without approval of the Director. See also Chapter 510. Utilities buried in the Right-of-Way shall be located toward the Lot Line so as not to interfere with the construction of curbing.

2. Underground service connections shall be provided to each Lot by the Subdivider unless waived by the Commission and Board on good cause shown by Subdivider.
3. Utility boxes, transformers, and similar devices at ground level shall be screened by evergreen shrubbery except for those at the rear of Lots and except for those located in the Right-of-Way in which case, the Director may waive such requirement based on the characteristics of the area and Chapter 510.

1. Where the Director determines that an approved public water supply is reasonably accessible or procurable to the Subdivision, a system of water mains and fire hydrants shall be installed by the Subdivider. The system shall be designed to supply water service and fire protection to all Lots in the Subdivision and to ensure proper circulation within the system, in accordance with the standard specifications and requirements of Missouri American Water and the Fenton Fire District and installed under permit from and inspection by said entities.
2. Plans shall be prepared by a professional engineer registered to practice in the State of Missouri and shall carry the stamp of approval of Missouri American Water when submitted to the City for approval.
3. Locations of fire hydrants shall be approved by the Fenton Fire Protection District.
4. In the absence of public water supply, wells shall be constructed or a connection to a private water supply system shall be provided, so that an adequate supply of potable water shall be available to every Lot within the Subdivision. The information furnished and the approval of same shall comply with the requirements of the Missouri Department of Natural Resources. The water supply system shall be constructed under the observation and inspection of the St. Louis County Departments of Health and Public Works.

1. A system of sanitary sewers and appurtenances, providing a connection to each Lot in the Subdivision, designed in accordance with the standard specifications and requirements of MSD, and installed under permit from and inspection of said sewer district, shall be installed in the Subdivision.
2. Plans for the sanitary sewer system shall be prepared by a professional engineer registered to practice in the State of Missouri and shall carry the stamp of approval of MSD when submitted to the City in conjunction with Subdivision approval.
3. Construction of the sanitary sewer system, inspection by MSD and, upon completion of construction, acceptance for maintenance by MSD shall be obtained by the Subdivider from MSD in accordance with the regulations and requirements of MSD.
4. The sanitary sewer system of the Subdivision, when completed, shall connect to the sanitary sewer lines of MSD.

1. The purpose of this Subsection is to provide standards and regulations to reduce or prevent flooding, conserve the natural environment, and minimize damage to real property.
2. Adequate provisions shall be made for the disposal of stormwater, in accordance with the specifications and standards of MSD. Storm drainage improvements consisting of storm sewer systems or open channels shall adequately drain the areas being developed. No change in watersheds shall be permitted. All stormwater shall be discharged at an adequate natural discharge point.
3. The design of drainage improvements shall be coordinated to the extent possible with present and probable future improvements so as to form an integrated system.
4. Plans for stormwater facilities shall be prepared by a professional engineer registered to practice in the State of Missouri and in accordance with the standard specifications and requirements of MSD. Said plans shall carry the stamp of approval of MSD when submitted to the City in conjunction with Subdivision approval.
5. Construction of the stormwater system, inspection by MSD and, upon completion of construction, acceptance for maintenance by MSD shall be obtained by the Subdivider from MSD in accordance with the regulations and requirements of MSD.
6. The internal drainage system for the proposed Subdivision shall not discharge water onto public or private land outside the proposed Subdivision, except via natural or publicly dedicated drainage courses.
7. The controlled release and storage of excess stormwater runoff may be required for all land developments and Subdivisions as determined by MSD.
8. Detention or retention of differential stormwater runoff, as approved by MSD, may be required by providing permanent Detention/Retention Areas such as dry reservoirs, ponds, or another acceptable alternative.
9. Detention/Retention Areas or dry bottom stormwater storage areas may be designed to serve secondary purposes such as recreation, open space, or other types of uses that will not be adversely affected by occasional flooding, as approved by MSD.
10. During the construction phase of development, facilities shall be provided and maintained to prevent erosion and siltation. When improvements are guaranteed, the escrow agreement shall include a separate line item in the amount calculated using the schedule of unit prices from St. Louis County Department of Transportation.

1. Where the Preliminary Plat indicates that extensive grading and compaction are probable as determined by the Director, the Director may require the submission of additional information and modifications in the proposed Preliminary Plat before the Subdivider may grade any site to be subdivided.
2. A Land Disturbance Permit is required prior to the commencement of any grading related to the Subdivision.
3. A Land Disturbance Permit will not be issued until a grading plan in conjunction with Improvement Plans has been approved.
4. An erosion/siltation control plan shall be submitted with all Improvement Plans. Erosion and siltation control devices shall be installed prior to commencement of grading activities. The Director may require additional erosion and siltation devices during construction if necessary.
5. Proposed grading which creates a change in watersheds shall not be permitted.
6. The maximum slope in a fill or cut shall not exceed three (3) horizontal to one (1) vertical. No fill material shall be placed in any floodplain area unless an equal volume of material is simultaneously removed from the same site.

The City may require evidence in the form of test borings to determine the subsurface soil, rock, and water conditions of the site to be developed. In instances where unsuitable conditions or other factors that would adversely impact the proposed development have been identified, the Subdivider shall provide a report prepared by a registered soils engineer containing recommendations for alleviating the same. The Director may designate that these recommendations be implemented by the Subdivider as a condition of the plan and/or construction approval.

1. General provisions. The arrangement, character, extent, width, grade, and location of all Streets shall be considered in their relation to existing and proposed Streets, to topographical conditions, to public convenience and safety, Street maintenance and access by emergency vehicles, and their appropriate relation to the proposed uses of the Lots to be served by such Streets. All Streets shall meet the following standards:

a. Streets shall be related appropriately to the topography so as to produce usable Lots and Streets of reasonable gradient as required herein. The Street layout shall provide access to all Lots, including common land areas, within the Subdivision. The proposed Street layout should be appropriate for the type of future development and properly integrated with the Street system in the area adjoining the Subdivision. (Exhibit 1)
b. Proposed Streets should provide access to the surrounding Lots which are landlocked, or which have inadequate access, unless the Commission and Board has determined that such access is not necessary or desirable for the future land use and development of adjacent Lots. The Subdivider shall be required to continue certain adjoining Streets through the area that is being subdivided, whenever same is necessary, to enable adjoining Property to be properly subdivided.
c. All Streets shall be graded and improved by surfacing. Street surfacing shall be in accordance with the City standard specifications and construction details.
d. Streets in all new Subdivisions shall be connected to an existing Street.
e. Alleys are prohibited in Residential Districts unless Subdivider establishes to the Commission and Board that avoidance of such is not possible but may be included in Non-Residential Districts where needed for loading, unloading, or access purposes and, where platted, shall be at least twenty (20) feet in width. Dead-end Alleys shall be avoided where possible but, if unavoidable, shall be provided with an adequate turnaround at the dead end as determined by the Commission and Board, with recommendation from the Public Works Director.
f. Subdivisions that adjoin or include existing public Streets that do not conform to the required widths shall dedicate additional width along either or both sides of such Streets. Also, the Street shall be improved to the required standards. When the Subdivision is located on one (1) side of an existing Street, a minimum of one-half (1/2) of the required Street and improvements shall be provided, measured from the center line of the Street as originally established.
g. Where a cut or fill for a Street extends beyond the limits of a public Street, the Subdivider shall provide a slope easement or special escrow as determined by the Director to be of sufficient area and limited to permit the construction and maintenance of the slope.
h. Any Subdivision platted along an existing Street identified for widening and improvement conforming to the City's Capital Improvement Plan shall provide a temporary construction easement/license not less than twenty (20) feet in width granted to the City for future cuts, fills, grading, sloping embankments, construction drives, or temporary Streets and utilities. The easement shall provide for its termination upon the completion of the Street widening or improvement project.
i. Dead-End Streets.

(1) Arrangements shall be made for the continuation of Streets to adjacent Lots where such continuation is deemed necessary by the Director. If the adjacent Lot is undeveloped, the Street shall be extended to the boundary of the Subdivision and a Cul-De-Sac shall be provided having a minimum Street diameter of one hundred six (106) feet and a pavement width of twenty-nine (29) feet. A circular island with a minimum radius of thirteen (13) feet shall be provided in the Cul-De-Sac. A note shall be included on the Plat that any excess land used for the Cul-De-Sac shall revert to the adjacent Lot owners when the Street is continued. (Exhibit 2)
(2) Where a Street is not intended to continue onto an adjoining Lot, its terminus shall not be closer than one hundred (100) feet to the boundary and shall have a Cul-De-Sac.
(3) The use of Minor Streets when applied to Cul-De-Sac Streets shall be limited to serving not more than eighteen (18) total Lots.
(4) A plan for elongated Culs-De-Sac shall meet the specifications on Exhibit 3 or be reviewed by the Commission and Board, with the recommendation of the Public Works Director, for determination of the location and the required specifications. Also, any other Cul-De-Sac or turnaround configurations shall meet the specifications on Exhibit 4 or be approved by the Commission and Board.

j. Street Intersections and alignments shall be as follows:

(1) Streets shall be laid out to intersect as nearly as possible at right angles. Non-perpendicular Streets shall have a perpendicular approach at Intersections of at least sixty (60) feet. No more than two (2) Streets shall intersect at any one (1) point.
(2) Where Collector or Arterial Streets intersect other Collector or Arterial Streets, the curb radius at the Intersection shall not be less than forty (40) feet.

3) Minor Street Intersections shall have a curb radius of not less than thirty-two (32) feet.
(4) Street jogs with center line offsets of less than one hundred fifty (150) feet should be avoided. Proposed new Intersections with an existing Street shall, whenever appropriate, coincide with any existing "T" Intersection on the opposite side of the Street.
(5) Intersections shall be designed with grades as level as possible and consistent with proper provisions for drainage. Approaches to Intersections shall have a grade not exceeding three percent (3%) for a distance of not less than one hundred (100) feet measured from the center line of the Intersecting Street.
(6) Additional Street paving in the form of turning lanes and/or Street right-of-way may be required by the Director at Intersections of Collector/Arterial Streets with other Collector/Arterial Streets for safety reasons.
(7) Lot Line corners at Intersections shall be founded with a radius of at least twenty (20) feet.
(8) Where visibility at any proposed Intersection would be obstructed by existing earth berms or vegetation, the Subdivider shall cut such ground and/or vegetation in conjunction with the grading of the Street sufficient to provide adequate sight distance. This distance shall be located by measuring thirty (30) feet along each Lot Line from the Intersection and connecting these points to create the sight triangle.
(9) All Streets or Street widening required by these regulations shall be dedicated to the City or be established as a Private Street or easement. In no case shall any instruments be recorded which contain any clause causing reversion to any persons except those having title to adjacent Lots.
(10) The Street widths may be increased, decreased, or varied in certain circumstances by the Board subsequent to review by the Commission on recommendation of the Director.
(11) Where special types of Streets are proposed, the Commission may recommend, and the Board may apply special standards to be followed in the design of such Streets.

2. Design criteria. All Streets shall meet all City design criteria as specified in this Section. All such Streets in the City or segments of Streets to be constructed as part of any development shall be located, platted, and built in such a manner that they may be dedicated to the City in accordance with the design criteria in this Section including in Table 1 (§ 440.160(M)(3)" target="_blank">Table 1 may be referenced here.). If no criteria have been established by the City, St. Louis County Department of Highways and Traffic criteria shall apply.
3. Curbs and gutters. Curbs and gutters shall be installed on each side of the Street surface. The curb and gutter shall be constructed with Portland cement concrete in all Subdivisions.

a. At each entrance to a Subdivision, a landscaped median separating two (2) one-way Streets may be provided as depicted in Exhibit 5. Before planting, location of such landscaping shall be approved by the Director to ensure such placement will not create a traffic safety concern.
b. Each Cul-De-Sac shall have a landscaped center island at least three hundred (300) square feet in area. If possible, such island shall be elongated so as to appear as a median rather than a circular planter.
c. Street landscaping. The Subdivider shall submit a plan for such planting to include the location, size, and type of the landscaping proposed for the Street within the Subdivision for approval by the Public Works Director. This plan shall meet all the requirements of this Code, and when applicable Chapter 510, Excavations and Public Rights-Of-Way Management.

a. Streetlights shall be provided for any type of Subdivision. A streetlight shall be installed at each Street Intersection and each Cul-De-Sac; but in no event shall there be fewer than one (1) streetlight for each two hundred fifty (250) linear feet or portion thereof of Frontage between Intersections or between a Street Intersection and the terminus of a dead-end or Cul-De-Sac Street.
b. In Subdivisions for Multi-Family Dwellings or Complexes, the minimum distance between two (2) streetlights shall be not less than two hundred (200) linear feet.
c. Street lighting shall be concrete, fiberglass, or metal ornate type poles. No wood poles are allowed. All energy sources supplying illumination shall be buried a minimum of eighteen (18) inches below grade. All piping and wiring to illumination sources shall be contained within the light standards or pole.
d. A lighting plan showing the location, height, design, and the intensity of each streetlight for residential or non-residential Subdivisions shall be submitted to the Director of Public Works for approval. Lighting shall be designed and maintained to avoid unnecessary illumination of Residential Dwellings.
e. All lighting shall be installed and maintained in accordance with the approved lighting plan.
f. Upon acceptance of a public Street within a Single-Family Residential Subdivision, the City will assume financial responsibilities for the ensuing monthly electric and lease charges for lights located on the public Street; the Subdivider shall submit a maintenance agreement, a trust indenture, or other similar instrument setting forth the person, corporation, trustees, or other agency responsible for the assessment as well as the collection of monies necessary for the operation of the remaining lighting system within the Subdivision.

a. Proposed Streets which are continuations of, or in general alignment with, existing named Streets, shall bear the names of such existing Streets within the City.
b. The name of a proposed Street which is not in alignment with an existing Street shall not duplicate the name of any existing or platted Street within St. Louis County.
c. All names of proposed Streets and addresses shall be assigned and or approved by the St. Louis County Department of Revenue, Mapping Division, or other entity having jurisdiction over the same.

a. Street Signs and traffic control Signs shall be of a type and at locations specified by the City or other appropriate governing jurisdiction and shall be in compliance with all applicable rules and regulations including reflectivity standards.
b. The Subdivider shall bear all expense for the purchase and installation of traffic Signs and signals as the result the development.
c. Reflectorized Street Signs bearing the name of the Street, as designated on the Record Plat, shall be placed at all Intersections. The size, height, and type of all Signs shall be in accordance with City specifications.
d. The Public Works Director shall inspect the installation of Street name Signs in all Subdivisions.
e. The Subdivision Sign shall meet the requirements of Chapter 430, Article IV, of this Code.
f. Subdivision trustees shall be responsible for the replacement and/or maintenance of Street name Signs different than the City's standards.

a. Sidewalks shall be constructed on both sides of the Street and shall be constructed of Portland cement concrete and shall have a width of four (4) feet and a thickness of at least four (4) inches except at Driveways where the thickness shall be at least six (6) inches. The sidewalks shall be placed within the Street right-of-way one (1) foot from and parallel with the edge of the Street.
b. There shall be a grassed strip at least six (6) feet wide between the sidewalk and the Street pavement.
c. Where sidewalks are located adjacent to a vertical curb within an Intersection, wheelchair ramps will be required in conformance with applicable federal and state law, including Section 71.365, RSMo.
d. Where appropriate and warranted based on the totality of the circumstances for the specific development, the Board may require the construction of additional walkways not within the public Street as pedestrianways at a minimum width of not less than six (6) feet, constructed of a minimum of three (3) inches of Asphalt, or four (4) inches of concrete as determined by the Commission and the Board, on a prepared subgrade for access to parks, schools, shopping areas, public transportation facilities, common land, public facilities, or similar facilities, or where reasonably necessary to promote safety or where otherwise required by the Director.
e. Sidewalk exception procedure. A Subdivider may apply to the Commission and Board for modifications to the sidewalk requirements. The Public Works Director or designee shall provide the Commission with recommendations concerning conditions within the Street involved with a request for exception or alternate sidewalk plans. The Commission may recommend approval to the Board of the exception in the following cases:

(1) Where the Subdivider has submitted for review a proposed sidewalk plan that provides for more direct and safer movement of pedestrian traffic; and
(2) Where justifiable conditions can be shown that strict application of the requirements contained in this Section would:

(a) Impose practical difficulties due to topographic conditions; or
(b) Cause additional sidewalks or walkways that would not be in the public interest, and public safety could be adequately accommodated without the sidewalks.

9. Materials. Except as provided herein, all new Streets constructed after October 22, 2009, for the acceptance by the City for public use shall be designed to the following standards.

a. Residential. All Streets within Residential Districts shall be constructed of Portland cement concrete pavement at a minimum of seven (7) inches on four (4) inches of aggregate type 5 base.
b. Commercial. All Streets within Non-Residential Districts shall be constructed of Portland cement concrete pavement at a minimum of nine (9) inches on four (4) inches of aggregate type 5 base.

10. Other. All other standards not addressed in this Section shall be in accordance with St. Louis County Department of Highway and Traffic Standards. Any exceptions must be submitted to the City for approval. Any conflicts with the City's regulations and St. Louis County standards for Street and sidewalk standards will be resolved by abiding by minimum standards as set forth by AASHTO guidelines. In all cases, a minimum of AASHTO guidelines must be maintained.
11. Street maintenance.

a. Generally. The owner/Subdivider of the Subdivision shall be responsible for maintaining the Streets until such time they are dedicated to and accepted by the City. Maintenance and repair of Private Streets shall remain the responsibility of the Subdivision.
b. Disclosure of responsibility for Street maintenance.

(1) So long as there shall be a Private Street or a Street not accepted by the City for maintenance within any Subdivision, no person shall sell, lease, or rent, offer to sell, lease, or rent, or advertise for sale, lease, or rent any Structure or Lot without disclosing to each prospective purchaser or tenant their responsibility with respect to Subdivision Streets in the manner required by this Subsection. For the purpose of this Subsection, "prospective purchaser or tenant" includes any person making inquiry of any responsible party with respect to purchase, rental, or lease of a Lot, Dwelling Unit or Non-Residential facility.
(2) Required disclosure. Disclosure shall be made to each prospective purchaser or tenant in substantially the following form, where applicable:

(a) "The Streets in this Subdivision are Private. The owners, homeowners' association, or condominium association are responsible for all repairs and maintenance";
(b) "The construction design of these Streets has been approved by the City. Until such time as the Streets are accepted by the City for maintenance, the owners, homeowners' association, or condominium association will be responsible for all repairs and maintenance"; or
(c) "The Streets in this Subdivision which are constructed below the flood elevation are Private. The owners, homeowners' association, or condominium association are responsible for all repairs and maintenance."

(3) Modifications. Such modifications of the above language shall be made, and only such modifications may be made, as are necessary to plainly and accurately portray the current and future status of Subdivision Streets. Any reference in such disclosure to a board of trustees or managers or similar persons shall further disclose the manner of selection of existing and future trustees or managers, and manner in which any costs borne by such persons will be defrayed.
(4) Responsible parties. The requirements of this Subsection shall be complied with by any Subdivider, development corporation, lender, title company, real estate broker, corporation, agent, manager, or management corporation, and each agent or employee of any of the foregoing to the extent of involvement in marketing of a Lot, Dwelling Unit or Non-Residential facility.
(5) Specific requirements. It is the responsibility of each responsible party to accomplish the disclosure required by this Subsection. Without limiting the generality of this obligation, a copy of the required disclosure:

(a) Shall be prominently posted in the sales office;
(b) Shall be contained in a contract for the sale, lease, or rental of a Dwelling Unit or Non-Residential facility, and if not printed in "red letter" or similar contrasting and noticeable color, shall be specifically pointed out to a prospective purchaser or tenant prior to execution of any such contract; and
(c) Shall be printed in readily legible type on any map or Plat used for marketing purposes.

(6) Exceptions. The disclosure required by this Subsection need not be made:

(a) In advertising by billboard, radio, television, or newspaper.

(a) Any proposed modification of the language of the required disclosure shall be submitted to the city attorney for approval prior to use.
(b) The city attorney shall approve any modification which is factually accurate and serves to inform a prospective purchaser or tenant at least as well as the language set forth above.
(c) Any approved modification of the required disclosure may be used in lieu of the above language so long as the same is factually accurate.

1. A Subdivision landscaping plan for landscaping on common land areas and Lots shall be submitted by the Subdivider for review and approval by the Director, as part of the Preliminary Plat submission, in accordance with Section 430.220. The plans shall include the location, size, and type of the trees proposed for the Subdivision. The Subdivider shall be required to guarantee such landscaping in accordance with this Code.
2. The Director shall require the clearing of underbrush and may require sodding, seeding, and other landscaping improvements in common land where land has been altered.
3. The Director may require sodding or other means of ground cover appropriate to insure erosion control.