[Ord. No. 2634 §1, 3-12-1992]
This Chapter shall be known, referred to and cited as "The Subdivision Regulations For The City Of Ste. Genevieve, Missouri.
The rules and regulations governing the subdivision of land contained herein shall apply within the corporate limits of the City of Ste. Genevieve in accordance with the provisions of Chapter 89, Sections 89.300 to 89.490, RSMo., and within future areas which may come under the jurisdiction of said City.
The purpose of this Chapter is to establish rules, regulations and standards to guide land subdivision within the City of Ste. Genevieve in order to promote the public health, safety, convenience and general welfare of the citizens of the City. Standards shall be administered to assure orderly growth and development; the conservation, protection and proper use of land; and the adequate provision of traffic circulation, utilities and public facilities.
[Ord. No. 2634 §2, 3-12-1992]
For the purpose of this Chapter, certain words and terms used herein are defined as follows:
- A permanent public service way or right-of-way, dedicated for or in public use, other than a street, place, road, crosswalk or easement, designed to provide a secondary means of access for the special accommodation to the back or side of abutting properties and not intended for general traffic circulation.
- AREA, BUILDING
- The total areas, taken on a horizontal plane, at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
- AREA, NET SITE
- The total area within the property lines of the site, less the area of any street right-of-way.
- BARRIER (NATURAL OR ARTIFICIAL)
- Any street, highway, river, pond, canal, railroad, levee, embankment, berm, stream or drainage ditch or screening by fence or hedge.
- BENCH MARK
- A definite point of known elevation and location and of more or less permanent character (generally indicated on U.S.G.S topographic maps).
- A unit of property entirely surrounded by public highways, streets, railroad rights-of-way, waterways, public parks, cemeteries, corporate boundary lines or other barriers (except alleys, crosswalks or exterior boundaries of a subdivision, unless such exterior boundary is a street or highway) or any combination thereof.
- BUILDING, STRUCTURE
- Any structure, whether temporary, semi-permanent or permanent, designed or intended for the support, enclosure, shelter or protection of persons or property.
- BUILDING LINE/BUILDING SETBACK LINE
- The line parallel to the front, side or rear lot line establishing the minimum space to be provided as the front, side or rear yard.
- The City of Ste. Genevieve, Missouri.
- CITY ATTORNEY
- The City Attorney of the City of Ste. Genevieve or whomever shall be designated as City Attorney.
- CITY CLERK
- The City Clerk of the City of Ste. Genevieve, Missouri.
- CITY ENGINEER
- The City Engineer of the City of Ste. Genevieve, Missouri, or whomever shall be designated as City Engineer.
- CLEAN WATER COMMISSION
- The Missouri Clean Water Commission or the Division of Health.
- COMMERCIAL USE
- Generally, any business of a commercial nature which has as its primary function the direct sale of goods and services to the general public.
- The Planning and Zoning Commission of the City of Ste. Genevieve, Missouri.
- COMMON LAND
- That land set aside for open space or recreational use for the owners of the residential lots in a subdivision, which land is conveyed by the developer in fee simple absolute title by a warranty deed to trustees whose trust indenture shall provide that said common land be used for the sole benefit, use and enjoyment of the lot owners present and future. No lot owner shall have the right to convey his/her interest in the common land except as an incident to the ownership of a regularly platted lot.
- COMPREHENSIVE PLAN
- The Comprehensive Plan of the City of Ste. Genevieve, Missouri, whether in whole or in part, prepared by the Planning and Zoning Commission and adopted by the Board of Aldermen, in accordance with the authority conferred by Chapter 89, RSMo.
- The County of Ste. Genevieve, Missouri.
- COUNTY RECORDER
- The County Recorder of Deeds of Ste. Genevieve County.
- A short, local street having one (1) end open to traffic and the other end permanently terminated by a vehicular turnaround.
- DEAD-END STREET
- A street having one (1) end open to traffic and the other end closed.
- The arrangement of land for easements, lots and rights-of-way, including materials, improvements, alignments, grade and width of these elements.
- See "SUBDIVIDER".
- DRAINAGE RIGHT-OF-WAY
- The land required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
- A giant by the property owner of the use, for a specific purpose or purposes, of a strip of land by the general public, utility companies or private individuals.
- A professional engineer registered in the State of Missouri.
- ESCROW AGENT
- A title company, bank, savings and loan association, trust company, reputable attorney or any other person or agency approved by the City Attorney to act as an escrow agent under the provisions of this Chapter.
- The area, usually lowlands, adjoining the channel of a river, stream, watercourse, lake or other body of standing water, which has been or may be covered by floodwaters.
- FLOOD-PRONE AREAS
- All land subject to periodic inundation by the overflow of natural waterways.
- All the property fronting on one (1) side of a street between the two (2) nearest intersecting streets or other natural or artificial barriers.
- The slope of a road or street specified in percent and shown on road and street profiles as required herein.
- HEALTH DEPARTMENT
- The Ste. Genevieve County Health Department and/or the Department of Public Health and Welfare, State of Missouri, Division of Health.
- HILLSIDE AREA
- All areas within a tract proposed for subdivision development with a slope of fifteen percent (15%) or more.
- HILLSIDE STREET
- A street in which the cross slope of the existing ground exceeds fifteen percent (15%) and the centerline slope exceeds fifteen percent (15%).
- IMPROVEMENT PLANS
- The engineering plans, prepared by a registered professional engineer, containing all profiles, cross sections, specifications, construction details and types of materials for all improvements, excluding dwelling units, to be installed for the development of a subdivision.
- Excluding dwelling units, improvements shall include, but are not limited to, the totality of grading, crosswalks, culverts, bridges, sanitary and storm sewers, water mains, street surface and/or pavements, street and road signs, street lights, curbs and gutters, sewage treatment facilities, pedestrian ways, gas mains, landscaping, monuments, electric utilities and all other appropriate improvements required to render land suitable for the use proposed.
- The corporate area of the City of Ste. Genevieve, Missouri, or any areas which may subsequently come under the jurisdiction of said City.
- LAND SURVEYOR
- A land surveyor registered in the State of Missouri.
- A portion of a subdivision or other parcel of land intended to be separately owned, rented, leased, developed or otherwise used as a unit, occupied or to be occupied by a building or group of buildings anal accessory buildings, together with such yards and lot area as required by this Chapter and having its principal frontage upon a street, road or place approved by the Commission.
- LOT AREA
- The total horizontal area within the boundaries of a lot exclusive of any land designated for rights-of-way for street or roadway purposes.
- LOT, CORNER
- A lot abutting upon two (2) or more streets or road rights-of-way at their intersection.
- LOT DEPTH
- The horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines.
- LOT, DOUBLE FRONTAGE
- A lot which runs through a block from street to street and which has two (2) non-intersecting sides abutting on two (2) or more streets.
- LOT LINES
- The boundaries of a lot.
- LOT WIDTH
- The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines.
- MAJOR STREET PLAN
- The official plans of highways, arterial streets and collector streets approved by the Commission, adopted by the Board of Aldermen and duly recorded in the office of the County Recorder of Deeds.
- An object set in the ground to mark the boundaries of real estate or to mark a survey station.
- NON-RESIDENTIAL SUBDIVISION
- Either or both:
- OFFICIAL MAP
- The map showing highways, streets, parks and drainage rights-of-way, both existing and proposed, as approved by the Board of Aldermen.
- OFFICIAL SUBMISSION DATE
- The date when a subdivision plan shall be considered submitted to the Commission and is hereby defined to be the date of the meeting of the Commission at which all required surveys, plans, plats and data are submitted.
- OPEN SPACE, PUBLIC
- Land which may be dedicated or reserved for acquisition for general use by the public, including parks, recreational areas, school sites, community or public building sites, open or "green space" areas and other such areas that shall be deemed necessary by the Commission.
- An all-weather, dust-free penetration asphalt, asphaltic concrete or concrete surface.
- PEDESTRIAN WAY
- An easement or right-of-way dedicated to public use to facilitate pedestrian access to adjacent streets, roadways and properties.
- PERFORMANCE GUARANTEE
- Any security, including performance bonds, escrow agreements and other similar collateral or surety agreements, which guarantees certain improvements will be made by the subdivider or developer.
- Any individual, corporation, firm, partnership, association, estate, organization or any other group acting as a unit.
- Any open, unoccupied, officially designated space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
- PLAN, FINAL
- The final plan consists of (1) the final plat and (2) the improvement plans for all or a portion of a land subdivision. All references to "final plan" within this regulation shall refer to both the final plat and the improvement plans.
- PLAN, PRELIMINARY
- A map or plan of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed use of the tract.
- A map, plan or layout of a City, township, section, County, subdivision or mobile home park indicating the location and boundaries of individual properties.
- PLAT, FINAL
- The final plat, prepared by a registered land surveyor, showing complete bearings and dimensions of all lines defining lots and blocks, rights-of-way for all streets, alleys, roadways and easements, public areas and other dimensions of land as may be required for the development of a subdivision.
- PUBLIC SERVICE COMMISSION
- The Public Service Commission of the State of Missouri.
- RESERVE STRIP
- Any section of land within or adjoining a subdivision which, intentionally or otherwise, serves to control access to public streets, rights-of-way or public facilities.
- The land opened, reserved or dedicated for a street or roadway, sidewalk, drainage way, railroad or other public purpose.
- SETBACK LINE
- See "BUILDING LINE/BUILDING SETBACK LINE".
- A depression in the land surface of circular or roughly circular form, within which all surface drainage is internal and within which surface water is impounded or drains into the subsurface through an opening in the soil or bedrock.
- The inclination of the ground surface from the horizontal plane, usually expressed in percent, degree or feet per mile.
- A right-of-way, other than an alley, dedicated or otherwise legally established for the public or private use, with a surface, usually affording the principal means of access to abutting property. A street is intended primarily as a means of vehicular travel. The street right-of-way may provide space for public facilities such as sanitary and storm sewers, water, gas and electric lines and sidewalks. A street may be designated as a highway, thoroughfare, road, parkway, throughway, pike, avenue, boulevard, lane, place, drive, court or circle. For the purposes of this Chapter, streets shall be classified as follows:
- 1. Arterial. This type of street serves the major traffic movements entering, leaving or moving within an area. Its principal function is to move traffic and, in cases of high traffic volumes, requires limited access or controlled points of access. Access to property is of secondary importance. These streets are normally characterized by traffic controls and parking restrictions.
- 2. Collector. Streets which provide for traffic movement between arterial and local streets and provide direct access to abutting property.
- 3. Sub-collector. Provides access to places, lanes or activity centers or connects collectors with arterials.
- 4. Local. The sole function of a local street is to provide access to immediately adjacent property. A cul-de-sac is classified as a local street.
- 5. Marginal access. A local street parallel and adjacent to arterials, railroad right-of-way or other barriers, which provide access to abating properties.
- Anything constructed which requires permanent or temporary location on the ground or is attached to something having a permanent or temporary location on the ground.
- A person, firm, corporation, partnership, association, estate or any other group or combination acting as a unit for the purpose of subdividing or resubdividing or proposing to divide a lot, tract or parcel of land into two (2) or more parcels, sites, tracts or lots or other subdivision of land that constitutes a subdivision, as defined herein, for the purpose of transfer of ownership or development, whether immediate or future, including all changes in street or lot lines. The term "subdivider" shall include any agent of a subdivider or developer.
- The division of land into two (2) or more smaller lots, tracts or parcels for the purpose of building, development or transfer of ownership and/or the dedication or establishment of a public street or roadway. The term "subdivision" shall include resubdivision and, when appropriate to the context, shall relate to the process of subdividing or the land subdivided.
- SUBDIVISION, MAJOR
- The division of a tract of land into three (3) or more lots, tracts, sites, parcels or areas any one (1) of which is less than three (3) acres in area and/or the division of a tract of land into any number of lots, tracts, sites, parcels or areas of any size which includes improvements, new streets, easements, rights-of-way, rights of ingress and egress or provision for a public area or public facility.
- SUBDIVISION, MINOR
- The division of land into not more than two (2) lots, tracts, sites, parcels or areas for residential purposes, either of which is three (3) acres or less in area and each having a frontage of not more than two hundred (200) feet on an existing City, State or Federal highway or road dedicated or deeded to the public prior to December 19, 1978, provided that the proposed subdivision of land:
- 1. Does not include any new street, easements, rights-of-way, rights of ingress or egress (except an approved sewer and water system).
- 2. Does not include a provision for a public area or public facility.
- 3. Conforms to the setback line requirements and other requirements contained in the zoning ordinance.
- 4. Conveys the right-of-way necessary for road widening and maintenance of City roads, where the granting of such right of-way can be given without undue hardship.
- SURETY COMPANY
- An insurance company qualified and acting under the provisions of Chapter 379, RSMo., which has met the requirements of Section 379.020, RSMo., thereof and which is approved by the City Attorney.
- TITLE COMPANY
- A corporation qualified and acting under the Missouri Title Insurance Law or a corporation which is an issuing agency for an insurance company insuring land titles.
- An area or parcel of land which the developer intends to subdivide and improve or to cause to be subdivided and improved pursuant to the requirements of this Chapter.
- The United States Geological Survey.
- Any open spaces located on the same lot with a building or structure, unoccupied and unobstructed from the ground up, except for any accessory buildings or projections as are permitted on the lot.
- YARD, FRONT
- A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the right-of-way line and the front building line.
- YARD, REAR
- A yard extending along each side of a lot between the front yard line and the rear yard line and being the minimum horizontal distance between the rear lot line and the rear building line.
- YARD, SIDE
- A yard extending along each side of a lot between the front yard line and the rear yard line and being the minimum horizontal distance between the side lot line and the side building line.
- ZONING ADMINISTRATOR
- The officer designated and authorized by the Board of Aldermen to enforce the subdivision regulations for the City of Ste. Genevieve, Missouri.
- ZONING DISTRICT MAP
- A map entitled "Zoning District Map for the City of Ste. Genevieve, Missouri, and any amendments thereto.
- ZONING ORDINANCE
- The part of the Comprehensive Plan now or hereafter adopted, which includes an ordinance and map dividing the City into zoning districts with regulations, requirements and procedures for the establishment of land use controls within the City.
[Ord. No. 2634 §3, 3-12-1992]
No land shall be subdivided or resubdivided within the jurisdiction of the City without complying with the provisions of this Chapter.
No lot, parcel or tract of land within any subdivision shall be offered for sale, contract for sale or option be given until said subdivision plans have been officially approved by the Planning and Zoning Commission and Board of Aldermen and recorded in the office of the County Recorder of Deeds.
No improvements shall be made within any subdivision by any owner or owners or his/her or their agent or by any public service corporation at the request of said owner or owners or by his/her or their agent until the final plans have been officially approved by the Planning and Zoning Commission and the Board of Aldermen and recorded in the office of the County Recorder of Deeds.
Where a tract of land is proposed to be subdivided in two (2) or more stages over a period of years and the subdivider requests approval in parts, he/she shall, at the time of submission of the first (1st) part, submit a detailed plan of the entire tract to be eventually developed 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 shall give preliminary approval or disapproval on parts as submitted from time to time. In the event of disapproval of the overall plan or any part or parts thereof, the Planning and Zoning Commission shall act in accordance with this Chapter and the reason for refusal of any plan or part thereof shall be written upon the record of the Planning and Zoning Commission stating the specific regulation or regulations of non-conformance.
The provisions of this Chapter shall be held to be the minimum requirements necessary for land subdivision within the jurisdiction of this Chapter.
[Ord. No. 2634 §4, 3-12-1992]
Preliminary Consideration. In order to make the most of opportunities related to land subdivision and in order to conserve time, effort and expense, the owner or subdivider shall consult with the Planning and Zoning Commission, the City Engineer and other public officials prior to the preparation of the preliminary plan. The City Comprehensive Plan shall be reviewed to determine how the proposed subdivision development will conform with the recommendations of said City plan.
Plan Required. It shall be unlawful for any owner or subdivider of land within the jurisdiction of this Chapter to subdivide said land except by plat in accordance with the provisions of said ordinance except as specifically indicated in Subsection (C).
Plan Exceptions. Final plans are not required for minor subdivisions as deemed appropriate by the Commission and Board of Aldermen pursuant to the provision of Section 415.360 "Variations and Exceptions".
Minor Subdivision Procedure. A person seeking to subdivide land as a minor subdivision shall file a written statement and a sketch indicating the nature of the proposed development with the Commission. If it is determined that said development qualifies as a minor subdivision, the subdivider may proceed with the project. The owner or subdivider of land which has been the subject of at least two (2) minor subdivisions shall be required hereafter to comply with all provisions of this Chapter applicable to major subdivisions.