[R.O. 1991 § 425.010; Ord. No. 2901-14 § 1, 8-5-2014[1]]
This Chapter shall be known, cited
and referred to as the "Subdivision Regulations of Smithville, Missouri."
[1]
Editor's Note: Section 1 of this ordinance
also repealed former Ch. 425, Subdivision Regulations, adopted 3-13-1978
by Ord. No. 712 §§ 1-101 — 13-101, as amended.
[R.O. 1991 § 425.020; Ord. No. 2901-14 § 1, 8-5-2014]
A.
The purpose and intent of these regulations
is to regulate the subdivision and improvement of land for urban use,
to provide for adequate light, air, open space, drainage, transportation,
public utilities and other needs; to assure the maintenance of health,
safety and an attractive and efficient community; and to encourage
the economical use of human and natural resources.
B.
The subdivision of land is the first step
in the process of urban development. The arrangement of land parcels
in the community for residential, commercial and industrial uses and
for streets, alleys, schools, parks and other public purposes provides
the basic framework for the uses of land and for the arrangement of
the community.
C.
These regulations are designed, intended
and should be administered in a manner to:
1.
Implement the City's adopted Comprehensive
Plan.
2.
Provide for neighborhood conservation
and prevent the development of slums and blight.
3.
Harmoniously relate the development
of the various tracts of land in the City to the existing community
development and facilitate and coordinate the future development of
adjoining tracts.
4.
Provide the best possible design
for the tract being subdivided and developed.
5.
Reconcile the diverse interests of
the subdivider, adjacent property owners and the City.
6.
Coordinate the provision of streets
within subdivisions with existing and planned streets and with other
features of the Comprehensive Plan and Official Map.
7.
Ensure that all necessary public
utilities and facilities are provided and are or will be available,
accessible and adequate, pursuant to adopted City standards and requirements,
at the time of subdivision or development.
8.
Establish adequate and accurate records
of land subdivision.
[R.O. 1991 § 425.030; Ord. No. 2901-14 § 1, 8-5-2014]
This Chapter is enacted pursuant
to the authority of Sections 89.010 through 89.490, RSMo., and Chapter
445, RSMo., together with all other statutory and legal authority
which now, or which may in the future, provide authority for subdivision
regulations. These regulations may, from time to time, be amended
by the Board of Aldermen in accordance with the law.
[R.O. 1991 § 425.040; Ord. No. 2901-14 § 1, 8-5-2014]
A.
Hereafter, every owner or subdivider of
any lot, tract or parcel of land situated within the corporate limits
of the City who may seek to subdivide the same into two (2) or more
parts for the purpose of laying out any subdivision or any additions
thereto shall comply with the provisions of these regulations, unless
otherwise exempted pursuant to this Section.
B.
The following activities do not require
subdivision approval by the City; however, the City shall not extend
utilities, provide access to public roads nor issue building permits
for the development of any property which has not received final plat
approval, except as otherwise provided by these regulations:
1.
The public acquisition of land for
the widening of existing streets.
2.
Any lot, parcel or tract of land
located within the area governed by these regulations which has been
legally subdivided, resubdivided or replatted prior to the adoption
of these regulations.
3.
Any transfer by operation of law,
or division of property through inheritance, the probate of an estate
or by order of a court of law.
4.
The creation of leasehold space within
a multi-occupant building, such as a condominium, or a commercial
building site which does not abut a public street, or the division
of property into such leaseholds, provided that the property is a
part of an approved subdivision or addition and regulated in accordance
with the site plan requirements of the City, and the plat has been
amended as may be required to add easements or otherwise serve the
leasehold(s). For purposes of this action, a leasehold abuts a public
street if it is immediately adjacent to a public street or if it is
so close to a public street that no usable property lies between the
leasehold and the public street.
[R.O. 1991 § 425.050; Ord. No. 2901-14 § 1, 8-5-2014]
All plats reviewed under the provisions
of these regulations shall conform to all Zoning Ordinance provisions[1] for the district in which the plat is to be located. All
required zoning changes or zoning variances shall be made prior to
approval of the final plat by the Board.
[R.O. 1991 § 425.060; Ord. No. 2901-14 § 1, 8-5-2014]
A.
Interpretation. In their interpretation
and application, the provisions of these regulations shall be held
to be the minimum requirements for the promotion of the public health,
safety and general welfare. These regulations shall be construed broadly
to promote the purposes for which they are adopted.
B.
Conflict With Other Laws. These regulations
are not intended to interfere with, abrogate or annul any other ordinance,
rule or regulations, statute or other provision of law except as specifically
provided in these regulations. Where any provision of these regulations
imposes restrictions different from those imposed by any other provision
of these regulations, or other provision of law, the provision which
is more restrictive or imposes higher standards shall control.
C.
Separability. If any part or provision
of these regulations or the application of these regulations to any
person or circumstances is adjudged invalid by any court of competent
jurisdiction, the judgment shall be confined in its operation to the
part, provision or application directly involved in the controversy
in which the judgment has been rendered, and it shall not affect or
impair the validity of the remainder of these regulations or the application
of them to other persons or circumstances. The Board hereby declares
that it would have enacted the remainder of these regulations without
any such part, provision or application which is judged to be invalid.
[R.O. 1991 § 425.070; Ord. No. 2901-14 § 1, 8-5-2014]
All applications for plat approval,
including final plats, pending on the effective date of adoption of
these regulations and which have not lapsed shall be reviewed pursuant
to the regulations in effect at the time of such approval.
[R.O. 1991 § 425.080; Ord. No. 2901-14 § 1, 8-5-2014]
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 or Planning and Zoning Commission 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 the Board of Aldermen or Planning and Zoning Commission and the
sale is contingent upon the approval of such plat by the Board of
Aldermen or Planning and Zoning Commission. Any person violating the
provisions of this Subsection 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.
It shall be unlawful for any person to
violate any of the provisions of these regulations or to neglect or
to refuse to comply with any applicable provisions of these regulations.
C.
Nothing contained in this Section shall
be construed to mean that any other remedy authorized by law to address
any violation of these regulations is excluded, but the provisions
above are in addition to any other such provision.
[R.O. 1991 § 425.090; Ord. No. 2901-14 § 1, 8-5-2014]
A.
Filing fees for all applications contained
in these regulations are as follows:
1.
Minor plats: twenty-five dollars
($25.00).
2.
Single-phase subdivisions: three
hundred fifty dollars ($350.00) plus two dollars ($2.00) per lot.
4.
Street/alley vacation: two hundred
fifty dollars ($250.00).
5.
Subdivision variance: four hundred
fifty dollars ($450.00).
6.
Infrastructure construction permits:
two percent (2%) of cost.
