[Ord. No. 2634 §1, 3-12-1992]
A.Â
This
Chapter shall be known, referred to and cited as "The Subdivision
Regulations For The City Of Ste. Genevieve, Missouri.
B.Â
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.
C.Â
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.
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.
The total area within the property lines of the site, less
the area of any street right-of-way.
Any street, highway, river, pond, canal, railroad, levee,
embankment, berm, stream or drainage ditch or screening by fence or
hedge.
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.
Any structure, whether temporary, semi-permanent or permanent,
designed or intended for the support, enclosure, shelter or protection
of persons or property.
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.
The City Attorney of the City of Ste. Genevieve or whomever
shall be designated as City Attorney.
The City Clerk of the City of Ste. Genevieve, Missouri.
The City Engineer of the City of Ste. Genevieve, Missouri,
or whomever shall be designated as City Engineer.
The Missouri Clean Water Commission or the Division of Health.
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.
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.
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.
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.
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".
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.
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.
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.
The Ste. Genevieve County Health Department and/or the Department
of Public Health and Welfare, State of Missouri, Division of Health.
All areas within a tract proposed for subdivision development
with a slope of fifteen percent (15%) or more.
A street in which the cross slope of the existing ground
exceeds fifteen percent (15%) and the centerline slope exceeds fifteen
percent (15%).
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.
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.
The total horizontal area within the boundaries of a lot
exclusive of any land designated for rights-of-way for street or roadway
purposes.
A lot abutting upon two (2) or more streets or road rights-of-way
at their intersection.
The horizontal distance between the front and rear lot lines
measured along the median between the two (2) side lot lines.
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.
The boundaries of a lot.
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.
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.
Either or both:
The map showing highways, streets, parks and drainage rights-of-way,
both existing and proposed, as approved by the Board of Aldermen.
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.
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.
An easement or right-of-way dedicated to public use to facilitate
pedestrian access to adjacent streets, roadways and properties.
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.
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.
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.
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.
The Public Service Commission of the State of Missouri.
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.
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:
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.
Collector. Streets which provide for traffic
movement between arterial and local streets and provide direct access
to abutting property.
Sub-collector. Provides access to places, lanes
or activity centers or connects collectors with arterials.
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.
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.
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.
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:
Does not include any new street, easements, rights-of-way, rights
of ingress or egress (except an approved sewer and water system).
Does not include a provision for a public area or public facility.
Conforms to the setback line requirements and other requirements
contained in the zoning ordinance.
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.
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Included is the division of land and distribution of land held
by a bona fide partnership in existence for two (2) or more years
upon dissolution thereof; and the division of land among the immediate
members of a family for personal use.
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Excluded from these regulations are:
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1.
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The division of land for cemetery usage.
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2.
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The division and distribution of land pursuant to law or court
order.
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3.
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The sale or exchange of parcels of land between owners of adjoining
property for the purpose of correcting or adjusting property lines
or increasing the size of property already owned by one (1) of the
parties.
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4.
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The transfer, exchange or sale of adjoining property to improve
ingress and egress to existing lots, tracts or areas.
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When a minor subdivision is proposed that fronts upon an existing
City maintained street or State maintained highway that is scheduled
for widening within the City's or the State's five (5) year program,
the developer shall convey the necessary right-of-way or post bond
or escrow to assure that the right-of-way shall be provided when the
road widening is started. The bond or escrow agreement, therefore,
need not provide a termination date.
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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.
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.
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.
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.
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.
The officer designated and authorized by the Board of Aldermen
to enforce the subdivision regulations for the City of Ste. Genevieve,
Missouri.
A map entitled "Zoning District Map for the City of Ste.
Genevieve, Missouri, and any amendments thereto.
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]
A.Â
No
land shall be subdivided or resubdivided within the jurisdiction of
the City without complying with the provisions of this Chapter.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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]
A.Â
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.
B.Â
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).
C.Â
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".
D.Â
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.
