[Ord. No. 433, 5-18-2005]
This Chapter shall be known and may be cited as the "Subdivision
Ordinance of the City of Truesdale, Missouri".
[Ord. No. 433, 5-18-2005]
A.
In
their interpretation and application the provisions of this Chapter
shall be held to be the minimum requirements adopted for the protection
of the public health, safety and welfare. To protect the public, among
other purposes, such provisions are intended to provide for a wholesome
community environment, adequate municipal services and safe streets.
B.
This
Chapter shall not apply to any lot or lots forming a part of a subdivision
recorded prior to the effective date of this Chapter. Nor is it the
intended by this Chapter to repeal, abrogate, annul or in any way
impair or interfere with existing provisions of other laws or ordinances,
except those specifically repealed by this Chapter, or with private
restrictions placed upon property by deed, covenant or other private
agreement, or with restrictive covenants running with the land to
which the City is a party. Where this Chapter imposes a greater restriction
upon land that is imposed or required by such existing provisions
of law, ordinance, contract or deed, the provisions of this Chapter
shall control.
[Ord. No. 433 §1, 5-18-2005]
No tract of land in the City of Truesdale, Missouri, may be
subdivided, nor shall any plat thereof be recorded in the Warren County
Recorder's office, unless a final plat thereof is first approved by
the Board of Aldermen of the City of Truesdale, Missouri. The requirements
of this Chapter are in addition to the requirements of the subdivision
ordinances of the City and no land use nor any construction, alterations
or destruction of any structure shall be allowed that is not in compliance
with ordinances of the City. Before voting to approve or disapprove
any proposed final plat, the Board of Aldermen shall receive the report
and recommendation of the City Engineer on such proposed final plat.
[Ord. No. 433 §2, 5-18-2005]
A.
The
requirements of this Chapter do not apply to the following types of
land subdivision:
1.
The division or subdivision of land into parcels or tracts of three
(3) acres or more in size which does not improve any new public streets
or easements of access, provided no illegal lot is created.
2.
The sale or exchange of parcels of land between owners of adjoining
and contiguous land, provided no illegal lot is created.
3.
The conveyance of parcels of land or interests therein for use as
a right-of-way for railroads or other public utility facilities or
other pipelines which do not involve any new streets or easements
of access.
4.
The conveyance of land for highway or other public purposes or grants
or conveyance relating to the vacation of land impressed with a public
use.
5.
Conveyances made to correct description of prior conveyances.
[Ord. No. 433 §3, 5-18-2005]
All proposed preliminary plans, improvement plans and final
plats required by this Chapter shall be submitted to the City Engineer
for review. The City Engineer shall recommend approval or disapprove
of any proposed preliminary or final plat within sixty (60) days after
its submission to the City Engineer at a public meeting of the Board
of Aldermen, except that the Board of Aldermen may extend such sixty
(60) day period with the consent of the applicant. If the proposed
plat is not approved or disapproved within such sixty (60) day or
extended period, it shall be deemed approved by the Board of Aldermen.
The Board of Aldermen shall state the reasons for any disapproval
of any plat.
[Ord. No. 433 §4.1, 5-18-2005]
A.
The filing fees are set forth in Section 500.040 of this Code and such fees are to be paid by all persons or corporations submitting plans and plats for approval by the Board of Aldermen and the City of Truesdale, Missouri.
B.
This
fee shall be paid within seven (7) days after the City of Truesdale,
Missouri, has notified the applicant of the bill at the time the plan
or plat is submitted to the Board of Aldermen and shall apply to the
review of a preliminary sketch plan and review of the preliminary
plat, improvement plans and final plat, provided that the final plat
includes the same area to be subdivided as the preliminary plat.
C.
Construction Inspection. The City of Truesdale, Missouri,
shall charge the developer for inspection of all public improvements.
This bill shall be paid before final approval of final escrow releases
is made by the City of Truesdale, Missouri.
[Ord. No. 433 §§4.2 —
4.5, 5-18-2005]
A.
Preliminary Plat Requirements. Ten (10) prints of the preliminary
plat shall be submitted to the City Engineer twenty-two (22) days
prior to the meeting at which a recommendation of approval is requested.
At the discretion of the City Engineer an aerial photo of suitable
scale may be required. The photo shall have superimposed upon it the
boundary of the property in question and any other information as
may be deemed necessary by the City Engineer. The preliminary plat
shall include the following identification and information.
B.
Identification.
1.
Proposed name of the subdivision.
2.
Names of the owner and the engineer, surveyor or landscape architect
responsible for survey and design.
3.
North point, a scale of 1" = 100' or larger and date.
4.
Approximate acreage in tract.
5.
A statement to the effect that "this plat is not for record" shall
be stamped or printed on all copies of the preliminary plat.
C.
Plat Information.
1.
Location of boundary lines and their relation to established section
lines, fractional section lines or survey lines.
2.
Physical features of property including watercourses, ravines, bridges,
culverts, present structures and other features important to lot and
street layout, including off-street parking if applicable.
3.
Topography of tract with contour interval of one (1), two (2) or
five (5) feet based on U.S.G.S. information.
4.
Names of adjacent subdivisions and/or property lines around perimeter
within two hundred (200) feet showing any existing streets, highways,
connections with adjoining platted streets, widths and locations of
alleys, easements and public sidewalk adjacent to or connecting with
the tract, location and size of all existing sanitary sewer, storm
sewer and supply facilities.
5.
Location and width of existing and proposed streets, roads, lots,
alleys, building lines, easements, parks, school sites, utilities,
bridges, existing structures and other features of the proposed subdivision.
6.
Approximate gradients of streets will be shown.
7.
Designation of existing and proposed land use, whether for residential,
commercial, industrial or public use and present use.
8.
Designation of utilities to serve proposed subdivision.
9.
Record owner, party preparing plat and party for whom plat is prepared.
10.
Depict flood hazard boundaries as shown on FEMA maps.
11.
Indication if the streets are to be public or private.
12.
All areas shall be clearly labeled as to the proposed use and all
parcels of lands to be dedicated or reserved for public use or for
use in common by property owners shall be indicated on the plan dedication
or reservation.
13.
A tree preservation plan and landscape plan in accordance with the
tree preservation and landscape requirements of this Chapter.
14.
Preliminary plat is required to be signed and sealed by a registered
professional engineer in the State of Missouri.
15.
Other information as deemed necessary by the City Engineer and/or
Board of Aldermen.
D.
Preliminary Plat Approval. Preliminary plat approval shall
confer upon the subdivider the following rights and privileges:
1.
The preliminary plat will remain in effect for one (1) year period.
The applicant may, during this period, submit all or parts of said
preliminary plat for final approval. Submittal of a final plat that
is part of a preliminary plat will extend the approval of the preliminary
plat for an additional year. Any part of a subdivision which is being
developed in stages shall contain a tract of land at least one (1)
block in length.
2.
The general terms and conditions under which the preliminary plat
approval were granted will not be changed.
3.
The applicant may also proceed with detailed improvement plans required
for all facilities or utilities intended to be provided.
E.
Display House Plat. The purpose of this Section is to provide
a procedure whereby the construction of a display house can begin
prior to the recording of the record subdivision plat.
The developer may, after receiving approval of a preliminary
plat of a proposed subdivision from the Board of Aldermen, submit
a display house plat to the City Engineer for review and approval.
There may be one (1) display house for every ten (10) houses proposed,
not to exceed ten (10) display houses. The display house plat shall
include a complete outboundary survey of the proposed subdivision
and the location of each display house in relation to proposed lots.
The script of said display house plat shall contain terms and conditions
as required by the City Engineer including, but not limited to, the
following:
1.
The display house plat shall be filed with the City of Truesdale,
Missouri, prior to issuance of a building permit for any display house.
2.
The display house plat shall become null and void upon the recording
of a record plat which establishes that each display house is on an
approved lot.
3.
No part of the proposed subdivision may be conveyed for any structure
therein until the display house or houses have been located on an
approved and recorded lot.
4.
If initial construction of a display house has not commenced within
ninety (90) days, the City Engineer's approval shall lapse and the
display house plat shall be null and void.
F.
Improvement Plans And Installation. After the preliminary
plat is recommended for approval by the Board of Aldermen, improvement
plans prepared by professional engineer, registered in the State of
Missouri, for the subdivision of all or any part of the tract shall
be submitted to the City Engineer for review and approval. If significant
changes are to be made after the improvement plans have been submitted,
the Board of Aldermen shall require that a revised preliminary plat
be submitted. Improvement plans shall be prepared on an exhibit not
to exceed twenty-four (24) inches by thirty-six (36) inches and shall
contain the following information:
1.
Title page, which shall include key map showing the relationship
of the area to be subdivided to the tract and which shall reflect
areas of the tract previously subdivided plus adjacent streets.
2.
North arrow and graphic scale.
3.
Title block showing name and address of developer and engineering
firm, as well as the engineer's seal.
4.
One (1) or more bench marks, U.S.G.S. or MoDOT or others in or near
the subdivision, to which the subdivision is referenced. No assumed
elevations will be accepted.
5.
List of standard and specifications followed, citing volume, section,
page or other references.
6.
Paving details conforming to the City of Truesdale, Warren County and the Missouri Department of Transportation Standard Specifications. Refer to Exhibit "A" to this Chapter 400 for City requirements.
7.
Details of streets, existing and proposed sanitary sewers, storm
sewers and water mains, drainage channels and swales.
8.
Plans and profiles of streets and sewers, scaled not less than 1"
= 50' horizontal and 1" = 10' vertical.
9.
Hydraulic calculations for the proposed storm sewer systems as required
by this Chapter.
10.
Detention basin calculations as required by this Chapter.
11.
Street lights shall be provided at a minimum of three hundred (300)
feet intervals along all streets and at least one (1) such light shall
be provided at each intersection and at the end of each cul-de-sac.
12.
Plans for sediment control (meeting the requirements of the sediment
and erosion control requirements of this Chapter) will be submitted
to and approved by the City Engineer. A dollar amount equal to the
proposed cost will be included in the performance guarantee.
13.
Actual construction of such facilities and improvements may commence
prior to final plat approval if the detailed improvement plans have
been approved by the City Engineer, provided that such facilities
and improvements will be inspected through out their construction.
Final plat approval will be contingent, in part, upon acceptable compliance
to the City improvement and facility standards.
14.
Prior to approval of the construction plans, a breakdown of quantities
and either estimated costs or actual prices on all public improvements
shall be submitted for review and approval if any escrow agreements
are required.
15.
Approvals need to be received by the City Engineer for water and
sanitary sewer plans, MoDOT permits and special use permits by the
City Engineer and for proposed crossing of pipelines.
16.
Other information as deemed necessary by the City Engineer and/or
Board of Aldermen.
G.
Performance Guarantee. After the improvement plans have
been approved, but before recording the record subdivision plat, the
subdivider must:
1.
Either complete the improvements under the inspection of the appropriate
inspecting agency and in accordance with the approved improvement
plans; or
2.
Post a lender's or escrow agreement insuring or guaranteeing the
installation of said improvements. The lender's or escrow agreement
shall:
a.
Be prepared on forms approved by the City of Truesdale, Missouri,
and should be signed by the Mayor, the City Engineer and the City
Clerk.
b.
Insure or guarantee the construction and completion of the improvements
as set forth in the approved improvement plans based on the cost estimate
prepared by the consulting engineer and approved by the City Engineer.
c.
If there is an escrow sum, it shall be held in a special account
by the escrow holder subject to the audit of the City of Truesdale,
Missouri.
The estimated sum shall be held by the escrow holder or the
lender as in the agreement provided until such time as the City Engineer
recommends a release be authorized by the City of Truesdale, Missouri,
after a written request is made by the developer. Authorization shall
be written and addressed to the escrow holder or the lender authorizing
release. At no time will the amount in the escrow account to be released
depreciate the account to less than the cost of completing said remaining
improvements. This sum shall be determined by using current market
value of materials and labor. In no case shall the escrow holder or
lender release more than ninety percent (90%) of the estimated sum
until improvements and installations have been completed in a satisfactory
manner in accordance with the subdivision regulations and approved
by the City Engineer. The remaining ten percent (10%) shall be released
upon acceptance and dedication of said improvements per item by the
City of Truesdale, Missouri, or the governing authority. The estimated
sum shall be held by the surety as in the agreement provided, until
such time as the City of Truesdale, Missouri, shall by written authorization
addressed to the surety release the total sum.
Escrow shall be established for the following items: sanitary
sewers, water mains, streets and street signs, storm sewers, rough
grading, landscaping, siltation control, final grading/seeding/sodding,
City engineering inspections, common amenities and other miscellaneous
items.
3.
The City of Truesdale, Missouri, shall initiate a one (1) year warranty
on all public improvements at such time as recommended by the City
Engineer. Before making this recommendation, the following items need
to be completed:
4.
Then this amount shall be authorized to be released in its entirety
after the City Engineer certifies that all the improvements have been
constructed in accordance with the approved plans and meet all the
requirements of the City of Truesdale, Missouri, for land subdivision.
5.
The City of Truesdale, Missouri, shall release funds for any completed
segment of the work if the request for an inspection of the segment
of the work has been made twenty-one (21) days before the Board meeting,
provided no deficiencies were reported during the twenty-one (21)
day period.
6.
In the event that the improvements are not satisfactorily installed
within two (2) years after approval of the improvement plans, the
City of Truesdale, Missouri, has the right to remove said monies to
complete the guaranteed improvements, unless an extension of time
is granted by the Board of Aldermen.
[Ord. No. 433 §4.6, 5-18-2005]
A.
After
the preliminary plat has been recommended for approval by the City
Engineer, a final plat shall be prepared and submitted to the City
Engineer for a recommendation of approval by the City Engineer and
approval by the Board of Aldermen. Before recommending approval of
the plat of all or part of a proposed subdivision, the Board of Aldermen
shall require that the improvements will be satisfactorily completed
or an escrowed sum or lender's agreement has been placed for the completion
of the improvements. The recommendation of approval of the City Engineer
shall be shown on the plat with the signature of the City Engineer.
Ten (10) prints of the final plat shall be filed with the City Engineer
at least twenty-two (22) days prior to the meeting at which a recommendation
of approval is asked. The original plat shall show or be accompanied
with documents providing information on the use of land for residential
use, commercial use, industrial use, or for public use such as parks,
schools, churches, etc.
B.
The
final plat shall be prepared on mylar paper, its equal or better,
two (2) original mylars (in addition to the ten (10) paper copies)
shall be submitted and shall contain the following information:
2.
Plat.
a.
Accurate boundary survey with bearings and distances tied to surveyed
identification points (monuments).
b.
Locations of lots, streets, public highways, alleys, parks and other
features with accurate dimensions to decimals of feet, length and
radius of all curves.
c.
Building lines on front and side streets; location and dimension
of utility easements.
d.
Identification of all common ground.
e.
Street addresses for all lots.
f.
Names of streets and lots numbered in logical order. Streets and
names of adjacent subdivision (if applicable) and/or adjacent property
owners within one hundred (100) feet in dashed lines.
g.
Depict flood hazard boundaries as shown on FEMA maps.
3.
Written statements.
a.
Dedication of all streets, public highways, alleys and land intended
for public use together with lot restrictions signed by all owners
and all parties who have mortgage or lien interest.
b.
Certification as to boundaries, monuments made by a registered land
surveyor testifying that the above were made by him/her.
c.
In the event a subdivision is to have privately maintained streets,
evidence of the methods for controlling and maintaining each private
facility shall be submitted with the final plat. Such restrictions
must be approved by the Board of Aldermen before they may be recorded.
d.
In cases where the developer proposes to include other regulations,
i.e., architectural control, covenants and deed restrictions shall
be submitted to the Board of Aldermen indicating the additional regulations
and how they are going to be administered.
e.
Subdivisions containing twenty-five (25) or more lots and using individual
sewage treatment must receive approval from the Missouri Department
of Natural Resources on a report prepared by an engineer, outlining
the plans for the disposal of water within the proposed subdivision.
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Above to have corporate seal(s) affixed or embossed and to be
notarized by a notary public. All figures and letters on the final
plat must be in ink and shall be plain, distinct and of sufficient
size to be easily read and must be of sufficient density to make a
lasting and permanent record.
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[Ord. No. 433 §4.7, 5-18-2005]
A.
No
owner, or agent of the owner, of any land located within the platting
jurisdiction of the City, knowingly or with intent to defraud, may
transfer, sell, agree to sell, or negotiate to sell that land by reference
to or by other use of a plat of any purported subdivision of the land
before the plat has been approved by the Board of Aldermen and recorded
in the office of the appropriate County Recorder unless the owner
or agent shall disclose in writing that such plat has not been approved
by such Board of Aldermen and the sale is contingent upon the approval
of such plat by such Board of Aldermen. Any person violating the provisions
of this Section shall forfeit and pay to the City a penalty not to
exceed three hundred dollars ($300.00) for each lot transferred or
sold or agreed or negotiated to be sold; and the description by metes
and bounds in the instrument of transfer or other document used in
the process of selling or transferring shall not exempt the transaction
from this penalty. The City may enjoin or vacate the transfer or sale
or agreement by legal action, and may recover the penalty in such
action.
B.
Upon
approval of the plat by the Board of Aldermen and all required signatures
have been placed on the plat, one (1) original plat shall be returned
to the developer and it shall be the developer's responsibility to
file the appropriate materials with the Recorder of Deeds office.
Upon recording of the appropriate materials, the following are to
be returned to the City Engineer:
C.
Once
a developer has received final plan and/or plat approval, it shall
be the developer's responsibility to maintain the following at their
sales office.
1.
Description of the developers/subdivision Aldermen responsibilities
for common ground within the subdivision.
2.
A copy of their approved final plan and/or plat indicating the nature
of all adjacent uses as of date of approval.
3.
A copy of all indentures, restrictions and covenants shall also be
available.
4.
Developers shall be required to post a notice, at the sales office,
that the above items are available for review.
[Ord. No. 433 §4.8, 5-18-2005]
Whenever any person or corporation may desire to vacate any
subdivision or part thereof in which he/she shall be the legal owner
of all of the lots or may desire to vacate any lot, such person or
corporation may petition the Board of Aldermen giving a distinct description
of the property to be vacated and the names of the persons to be affected
thereby, which petition shall be filed together with a filing fee
with the Board of Aldermen who shall give notice of the pendency of
the petition in a public newspaper. The Board of Aldermen may vacate
the same by order with such restriction as they may deem for the public
good.
[Ord. No. 433 §4.9, 5-18-2005]
The Board of Aldermen or his/her duly authorized representative
shall, upon evidence of any violation of this Chapter, serve an order
to cease and desist or correct or remove such violations, such order
to be made by certified mail to the owner, general agent, lessee or
contractor responsible for or contributing to the violations act.
Any owner, general agent, lessee or contractor who, having been served
with an order to cease and desist or correct or remove such violations,
fails to comply with such order within the time limit set forth in
the order, or who shall continue to violate any of the regulations
contained herein and orders made in connection herewith, shall be
guilty of a misdemeanor punishable by fine not to exceed five hundred
dollars ($500.00) per day of violation.
[Ord. No. 433 §4.10, 5-18-2005]
A.
Whenever
the tract to be subdivided is of such unusual size or shape or is
surrounded by such development or contains such topographic conditions
or characteristics that the strict application of the requirements
contained in this Chapter would impose practical difficulties or particular
hardship, the Board of Aldermen may vary or modify any of the requirements
of this regulation so that substantial justice may be done and the
public interest secured and the general intent of this regulation
preserved.
B.
In
granting variances, the Board of Aldermen may require such conditions
as will, in its judgment, secure the objectives of these regulations.
