[CC 1983 §43.010]
This Chapter shall be known and cited as the "Subdivision Regulations"
of the City of Hollister, Missouri.
[CC 1983 §43.020]
The purpose of this Chapter is to adopt rules, regulations and
standards to guide land subdivision within the City of Hollister,
Missouri, in order to promote the public health, safety, convenience
and general welfare of the municipality. Standards shall be administered
to ensure orderly growth and development, the conservation, protection
and proper use of land, and adequate provision for traffic circulation,
utilities and services.
[CC 1983 §43.030]
A.
No
land shall hereafter be subdivided without complying with the provisions
of this Chapter.
1.
No lot, tract or parcel of land shall be divided or subdivided, for
the purpose of establishing a subdivision, until such subdivision
plans have been properly reviewed by the Hollister Planning Commission
and approved by the Board of Aldermen of the City of Hollister.
2.
No improvements, such as sidewalks, water supply, storm water drainage,
sewerage facilities, gas service, electric service or lighting, or
grading, paving or surfacing of any street, shall be made within any
such subdivision by any owner or owners or his/her or their agent,
or by any public service corporation at the request of such owner
or owners or by his/her or their agent until the plats for the subdivision
and also the plans for the improvement have been properly reviewed
by the Planning Commission and officially approved by the Board of
Aldermen of the City of Hollister.
3.
Where a tract of land is proposed to be subdivided in several stages
over a period of years, and the subdivider requests approval in parts,
he/she shall, at the time of submission of the first part, submit
a detailed plan of the entire tract to be eventually developed, with
appropriate sectioning to demonstrate to the Planning Commission that
the total design as proposed for the entire subdivision is feasible.
The Planning Commission may give preliminary approval to the overall
plan and final approval on the parts as submitted from time to time.
4.
The provisions of this Chapter shall be held to be the minimum requirements
necessary in the subdivision of land.
[CC 1983 §43.040; Ord. No. 02-04, 3-21-2002; Ord. No.
03-26, 6-5-2003; Ord. No. 03-27, 6-5-2003]
As used in these Regulations, the following words shall have
the meanings and references given, unless the context clearly indicates
otherwise.
The Officer designated and authorized by the Board of Aldermen
to enforce the Subdivision Regulations.
Re-subdividing or combining existing parcels or lots of land
that have previously been a part of a recorded plat, plot or subdivision
that creates five (5) or less lots meeting minimum size requirements
that all have existing street frontage and do not require extension
of utility main lines to service the lots.
A permanent public service-way or right-of-way, dedicated
to public use, other than a street, place, road, cross-walk or easement,
designed to provide a secondary means of access for the special accommodation
of abutting property.
A unit of property entirely surrounded by public highways,
streets, railroad rights-of-ways, waterways or other barriers, or
combination thereof.
The Board of Aldermen of the City of Hollister, Missouri.
The line nearest the front or side of and across a lot establishing
the minimum yard to be provided between the principal building or
structure and the lot line.
The City of Hollister, Missouri.
The City Clerk of the City of Hollister, Missouri.
The Hollister Planning Commission.
The complete plan, or any of its parts, for the development
of the City, prepared by the Commission and adopted by the Board of
Aldermen in accordance with the authority conferred by Chapter 89,
Missouri Revised Statutes, 1969.
The County of Taney, Missouri.
A strip of land dedicated to public use, which is reserved
across a block to provide pedestrian access to adjacent areas.
A short street having one end open to traffic and being permanently
terminated by a vehicle turn-around.
The land required for the installation of storm water 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 drainage.
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above said properties. Easements shall be recorded in the Taney
County Recorder's office.
An easement that provides a means of access to and from one
(1) or more properties. An alley is not to be the primary means of
ingress or egress to any property. Alley or private road easements
shall be a minimum of twenty (20) feet wide.
An easement (serving other than a single-family dwelling)
that provides a means of access to and from one (1) property across
another. Commercial driveway easements shall be a minimum of twenty-five
(25) feet wide.
The land required for storm water systems, drainage ditches
or a natural stream/watercourse providing for the flow of water across
the property, lot or parcel to a point of discharge. Drainage easements
cannot be obstructed in any way.
Permanent public utility easements shall be a minimum of
twenty (20) feet wide and temporary construction easements for utilities
shall be a minimum of thirty (30) feet wide. Temporary construction
easements shall revert back to an agreed upon permanent utility easements
thirty (30) days after the utility installation has been tested and
accepted and the land has been restored.
Those easements granted to non-City owned utility companies
for installation and maintenance of such things as electric lines,
cable lines, telephone lines, etc. These companies often share space
within one (1) easement. The utility company determines the minimum
width.
An easement that provides a means of access to and from one
(1) property serving a single-family dwelling across another. Residential
driveway easements shall be a minimum of ten (10) feet wide.
The final map of all or a portion of the subdivision which
is presented to the Commission for final approval in accordance with
these regulations, and which, if approved, shall be filed with the
proper County Recording Officer.
Any area whose average cross slope is sixteen percent (16%)
or greater.
The corporate area of the City of Hollister, Missouri.
A portion of a subdivision or other parcel of land, intended
as a unit for transfer of ownership or development.
Any security acceptable to the City which would ensure the
maintenance of any facility planned to be accepted for municipal maintenance
covering the time period from construction or cut-off date of the
performance guarantee until the facility is scheduled to be formally
accepted by the municipality.
A subdivision created by subdividing existing parcels of
land that have not previously been a part of a recorded plat, plot
or subdivision that creates five (5) or less lots meeting minimum
size requirements that all have existing street frontage and do not
require extension of utility main lines to service the lots.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Commission or other approving
body approves a final plat; including performance bonds, escrow agreements
and other similar collateral or surety agreements.
A corporation, firm, partnership, association, organization
or any other group acting as a unit, as well as a natural person.
An open, unoccupied, officially designated space, other than
a street or alley, permanently reserved as the principal means of
access to abutting property.
The drawings and documents described in Article III indicating the proposed layout of the subdivision which is submitted
to the Planning Commission for consideration and tentative approval.
Re-subdividing existing parcels or lots of land that has
previously been a part of a recorded plat, plot or subdivision. Replats
must show the same basic information as a final plat.
A right-of-way, other than an alley, dedicated or otherwise
legally established to the public use, usually affording the principal
means of access to abutting property. A street may be designated as
a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive
or other appropriate name. For the purposes of this Chapter, streets
shall be classified as follows:
Arterial and primary streets are those designated for large
volumes of traffic movement. Certain arterial streets may be classified
as limited access highways to which entrances and exits are provided
only at controlled intersections and access is denied to abutting
property.
Secondary streets are important streets planned to facilitate
the collection of traffic from neighborhood streets and to provide
circulation within neighborhood areas and convenient ways for traffic
to reach arterial streets.
Neighborhood streets are those designated primarily to provide
access to abutting properties.
Any person responsibly engaged in developing or improving
a tract of land which complies with the definition of a subdivision
as defined in this Chapter.
The division of any parcel of land shown as a unit, as part
of a unit, or as contiguous units on the last preceding transfer of
ownership thereof, into two (2) or more parcels, sites or lots, any
one of which is less than five (5) acres in area, for the purpose,
whether immediate or future, of transfer of ownership, provided however,
that the division or partition of land into parcels of more than five
(5) acres not involving any new streets or easements of access, and
the sale or exchange of parcels between adjoining lot owners, where
such sale or exchange does not create additional building sites, shall
not be considered a subdivision; or
The improvement of one (1) or more parcels of land for residential,
commercial or industrial structures or groups of structures involving
the subdivision and allocation of land as streets or other open spaces
for common use by the owners, occupants or lease holders or as easements
for the extension and maintenance of public sewer, water, storm drainage,
or other public utilities and facilities; provided however.
Where no new streets or roads are involved, divisions of land
for agricultural purposes where the resulting parcels are more than
three (3) acres or larger in size, divisions of property by testamentary
or intestate provisions, or divisions of property upon court order
shall not be considered subdivisions.
The part of the Comprehensive Plan, now or hereafter adopted,
which includes a major street and highway plan and sets forth the
location, alignment, dimensions, identification and classification
of existing proposed streets, highways and other thoroughfares.
A space of the same lot with a building, which is open, unoccupied
and unobstructed by structures, except as provided in the Zoning Code.
Chapter 400 of this Code.
