Cross References — As to contracting for architectural engineering and surveying services §§135.080 et seq.; as to alcoholic beverages, ch. 600; as to buildings and building regulations, ch. 500; as to dilapidated, unsafe, dangerous buildings, §505.010; as to flood prevention and protection, ch. 410; as to establishment of development permit in flood hazard areas, §§410.140 et seq.; as to standards for subdivision proposals in flood hazard areas, §410.160; as to garbage and refuse, ch. 230; as to health and sanitation, ch. 215; as to property maintenance code, §500.070; as to land disturbance code, §500.075; as to signs and advertising, ch. 415; as to streets, sidewalks and other public places, ch. 510; as to street specifications, §510.010; as to traffic and motor vehicles, Title III; as to weeds and vegetation, §§215.240 et seq.; as to zoning, ch. 400.
State Law Reference — Subdivision regulations, §§89.410 et seq., RSMo.
Article I In General
Article II Minimum Development Standards
[R.O. 2009 §20-1; Ord. No. 499 §1(Art. I §2), 1-25-1983]
This Chapter is enacted to set forth procedures and regulations governing the subdivision of real property; to establish minimum standards for the design and development of all established subdivisions in accordance with the City plan thereby protecting existing development; and to facilitate the adequate provision of water, sewerage, schools, parks and other public requirements thereby improving the health, safety and general welfare of the inhabitants of the City.
[R.O. 2009 §20-2; Ord. No. 499 §1(Art. I §3), 1-25-1983]
In interpreting and applying this Chapter, the provisions contained herein are minimum requirements for the purposes set forth.
When not inconsistent with the context, words used in the present tense include the future; words in the singular include the plural and words in the plural include the singular; the words "shall", "will" or "must" are mandatory, not merely directory.
[R.O. 2009 §20-3; Ord. No. 499 §1(Art. I §4), 1-25-1983]
Ordinances relating to the subdivision of land existing on January 25, 1983 are superseded and amended as herein set forth. This Chapter shall be construed as a continuation of previous ordinances and not a new enactment insofar as the substance of revisions of previous ordinances is include herein.
[R.O. 2009 §20-4; Ord. No. 499 §1(Art. II §§1 — 2), 1-25-1983]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
- A parcel of land entirely surrounded by public highways, streets, streams, parks, rights-of-way or combination thereof.
- Includes the word "structure".
- BUILDING LINE
- A line delineated on a map or plat between which line and street or private right-of-way no building or structure may be erected or extended.
- A street having one (1) end open to traffic and permanently terminating in a vehicle turnaround.
- A grant of the use of a specified portion of land for specific purposes.
- A portion of a subdivision or other parcel of land intended as a unit for development, transfer of ownership or similar purposes. Lot includes the word "plot".
- A map, drawing or chart on which a plan of a subdivision is presented for either preliminary or final approval as provided for in this Chapter.
- Owner(s), their agents or other persons or corporations undertaking the subdividing of a tract of land.
- The division of a lot, tract or parcel of land into two (2) or more lots, tracts or parcels for the purpose of immediate or future sale or development. This term shall also include resubdivision.
- USED or USED FOR
- Include the meaning "designed for" or "intended for".
- Terms not herein defined, but defined in the Building Code, shall be construed as defined herein. Where terms are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.
[R.O. 2009 §20-5; Ord. No. 499 §1(Art. III §1), 1-25-1983]
All subdivisions of land proposed within the City shall require preliminary review by the City Planning Commission in accordance with the procedures set forth below.
The subdivider shall submit two (2) copies of a preliminary sketch plan delineating the land to be subdivided to the Planning Commission for its preliminary study and approval. The plan shall be drawn to scale and shall depict the general topography of the tract, locations of proposed streets, lot lines, building lines, parks or open spaces and surrounding streets, lots, watercourses, sewers and water mains. The scale of the preliminary plans shall be not less than one (1) inch to one hundred (100) feet. A written statement of the type and character of proposed improvement and a written outline of any proposed deed restrictions or covenants shall be submitted with the preliminary plan.
The City Planning Commission shall review preliminary plats for conformance with the minimum standards and requirements set forth in Sections 405.120 — 405.150 and shall approve or reject such plats within sixty (60) calendar days of the date of submission. If no action is taken by the Commission within the specified sixty (60) days, the preliminary plat shall be deemed to be approved, provided that, however, the subdivider may request in writing and be granted an extension of said review period not to exceed sixty (60) days. A certificate or statement shall accompany or be affixed to preliminary plans approved by the Commission showing compliance with the requirements of this Chapter.
[R.O. 2009 §20-6; Ord. No. 499 §1(Art. III §2), 1-25-1983]
Preliminary plans approved in accordance with the procedures set forth in the previous Section shall require the review and final approval of the City Planning Commission and the Board of Aldermen as set forth below:
The subdivider shall submit a final ink on tracing cloth or mylar map and two (2) prints delineating the proposed subdivision to the City Planning Commission for its approval or rejection. The final map shall be prepared by and shall bear the signature and seal of a professional engineer licensed to practice in the State. The map shall be drawn to scale not less than one (1) inch to one hundred (100) feet and shall depict:
Boundaries of the property and lines of all proposed streets and alleys with their widths and names. Any other areas are to be dedicated to public use;
Lines of adjoining streets and alleys, their widths and names;
All lot lines, building lines and easements;
All dimensions, both linear and angular, of boundaries, lots, streets, alleys, easements, building lines and any similar public or private uses; radii, arcs, chords, points of tangency and central angles for all curvilinear streets and radii for all curvilinear boundaries, lot lines and easement lines. Linear dimensions shall be expressed in feet and decimals of a foot;
All monuments and their descriptions;
Title and description of the property subdivided, its location and extent, points of compass, scale of the plan and name of the subdivider and engineer;
Plan and profile of all proposed streets, storm and sanitary sewers, water lines and drainage structures, drainage area; cross sections of street and sidewalk grading and proposed construction;
Reference to any private restrictions and trusteeships of expiration and acknowledgments of owners and mortgagees accepting said plat and restrictions.
A certificate of payment of all taxes due shall accompany the final plat submittal.
The Planning Commission shall review final plats for conformance with the requirements set forth above and with the minimum standards and requirements set forth in Sections 405.120 — 405.150. If approved, the approval and date shall be noted on the plan over the signatures of the Chairman and Secretary of the Planning Commission.
After action by the Planning Commission, the final plan shall be submitted to the Board of Aldermen for final approval and acceptance of streets, alleys, ways, easements, parks or other areas preserved for or dedicated to public use.
If disapproved by the Planning Commission, the Board of Aldermen may approve the final plan and accept public areas only upon affirmative majority vote of the entire membership of the Board. Upon approval, two (2) copies of the final plat shall be filed in the office of the City Clerk.
[R.O. 2009 §20-26; Ord. No. 499 §1(Art. IV §1), 1-25-1983]
Arrangement of streets in new subdivisions shall make provisions for the proper location and width of major streets. Subdividers may be required to continue certain adjoining streets through the area subdivided, where necessary, to provide for local movements or vehicles or to enable adjoining property to be properly subdivided. Streets that are obviously in alignment with others already existing and named shall bear the names of the existing streets. Before the final plan for the subdivision shall be approved, the subdivider shall submit to the Board a statement from the local postmaster approving the names of the proposed streets and of the proposed system of postal addresses along such streets.
The widths for major streets shall conform to widths designated on the major street plan for the City. The minimum right-of-way width for minor streets shall be fifty (50) feet, provided however, that where the topography, length or other conditions render a street of greater width more suitable, the above requirements may be increased. Alleys should not be provided in residential districts. Alleys may, however, be required in the rear of all non-residential lots and shall be at least twenty (20) feet wide.
Where it is desirable to subdivide a tract of land which, because of its size or location, does not permit a normal street arrangement, there may be established one (1) or more "places". Such a place may be in the form of a court, a cul-de-sac or other arrangement; provided however, that proper access shall be given to all lots from a dedicated public thoroughfare. If such a place is more than two hundred fifty (250) feet in length, it shall terminate in vehicular turnaround (preferably circular) having a minimum dimension of one hundred (100) feet. No cul-de-sac or place shall exceed one thousand (1,000) feet in length.
[R.O. 2009 §20-27; Ord. No. 499 §1(Art. IV §2), 1-25-1983]
Where alleys are not provided, easements of not less than five (5) feet in width shall be provided on each side of all rear lot lines and side lines, where necessary, for poles, wires, conduits, storm and sanitary sewers, gas, water and heat mains. Easements of greater width may be required along lines or across lots where necessary for the extension of main sewers and similar utilities.
Wherever any stream or important surface watercourse is located in an area that is being subdivided, the subdivider shall, at his/her own expense, make adequate provision for straightening or widening the channel so that it will properly carry the surface water and shall also provide and dedicate to the City an adequate easement along each side of the stream, which easement shall be for the purpose of widening, improving or protecting the stream and for recreational use.
[R.O. 2009 §20-28; Ord. No. 499 §1(Art. IV §3), 1-25-1983]
The minimum area of any lot in a subdivision shall not be less than the minimum lot area requirements of the zoning district in which the area is located. No lot shall have a width of less than fifty (50) feet at the building line.
Building lines shall be shown on all lots intended for residential use of any character and on commercial lots immediately adjoining residential area. Such building lines shall not be less than required for the City plan. Provisions shall be made by deed requiring all enclosed parts of building to be set back of such building lines.
[R.O. 2009 §20-29; Ord. No. 499 §1(Art. IV §4), 1-25-1983]
Before the final plat of any subdivided area shall be approved and recorded and the streets and other public spaces accepted, the subdivider shall make and install the improvements described in this Section. In lieu of final completion of the minimum improvements before the plat is finally approved, the subdivider may post a surety bond in an amount approved by the Board of Aldermen which will insure that the improvements will be completed by the subdivider within two (2) years after final approval of the plan. The amount of the bond shall not be less than the estimated cost of the improvements. If the improvements are not completed within the specified time, the Board may use the bond or any necessary portion thereof to complete required improvements.
The minimum improvements installed in any subdivision shall be in accordance with the following:
The subdivider shall grade and improve all new streets and alleys within the subdivided area. The paving on such streets shall be concrete or bituminous macadam having a minimum width of twenty-six (26) feet from back to back of curbs and gutters. Curbs and gutters shall be of concrete and conform to the minimum requirements and standards of the City. In some instances, bituminous macadam curbing may be installed as determined by the City Planning Commission. Such decision shall be dependent on location, topography and general layout of the subdivision. Where permitted, bituminous macadam curbing shall conform to the minimum requirements and standards of the City for that type of construction.
The subdivider shall pay the cost of all labor, materials and incidental expense required for the installation of water mains and fire hydrants in the subdivided area. Refund of money for the installations shall be made in accordance with the contract entered into with Missouri American Water Company to the subdivider by the water company. Such installation of the water mains and fire hydrant aforesaid shall be performed by the Missouri American Water Company in accordance with the standards and specifications as approved by the Board of Aldermen. Water mains and hydrants, when installed, shall at once become the property of the Missouri American Water Company. The company shall have exclusive control and use thereof, subject to the right of the residents of the subdivided area to be connected therewith, under the rules and regulations of the Missouri American Water Company.
The subdivider shall install sanitary sewers and provide a connection for each lot. Such installations shall be in accordance with the standards and specifications of the City. Before the improvement is started, the plan therefor shall be approved by the Board of Aldermen, If no existing outlet sewers are within reasonable distance, the subdivider shall make such provision for the treatment or disposal of sewage as will properly care for and protect the health, safety and welfare of the existing and probable future population within the subdivision and surrounding area in accordance with the requirements of the City.
The subdivider shall install storm sewers to provide proper drainage of the development. Such installation shall be in accordance with the standards and specifications of the City. Before the improvement is started, the plan therefor shall be approved by the Board of Aldermen.
The subdivider shall deposit with the City Clerk the sum of money, the amount to be determined by the Board of Aldermen for inspection of the improvements during construction or subdivider may elect to employ, at his/her own expense, a professional engineer licensed to practice in the State. The engineer shall be subject to approval by the Board of Aldermen and shall furnish the Board of Aldermen a certificate of inspection of the work upon completion.
[R.O. 2009 §20-30; Ord. No. 499 §1(Art. V §2), 1-25-1983]
Approval And Validity. No plat of any subdivision shall be entitled to record in the County Recorder's office or have any validity until it shall have been approved in the manner prescribed herein. The Board of Aldermen shall not permit public improvements over which it has control to be made or any money expended for improvements in any area that has been subdivided or upon any street that has been platted after the date of the adoption of this Article unless such subdivision or street has been approved in accordance with the provisions contained herein.
Variations And Exceptions. Whenever the strict enforcement of these regulations would entail unusual difficulties or hardships, the City Planning Commission and Board of Aldermen may vary or modify them in such a way that the subdivider be allowed to plan and develop his/her property and record a plat of same. The public welfare and interests of the City be fully protected and the general intent and spirit of the regulations preserved.
[R.O. 2009 §20-31; Ord. No. 499 §1(Art. VI §2), 1-25-1983]
The Board of Aldermen of the City may from time to time, on its own motion or on petition, amend, supplement or change by ordinance the regulations and districts herein or subsequently established after report by the Planning Commission and after public hearing, fifteen (15) days' notice of the time and place of which shall have been given by publication in a newspaper having general circulation within the City.