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.
[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]
A.Â
In
interpreting and applying this Chapter, the provisions contained herein
are minimum requirements for the purposes set forth.
B.Â
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25, 1983 are superseded and amended as herein set forth.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".
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.
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]
A.Â
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.
1.Â
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.
2.Â
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]
A.Â
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:
1.Â
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:
a.Â
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;
b.Â
Lines of adjoining streets and alleys, their widths and names;
c.Â
All lot lines, building lines and easements;
d.Â
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;
e.Â
All monuments and their descriptions;
f.Â
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;
g.Â
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;
h.Â
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.
2.Â
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.
3.Â
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.
B.Â
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]
A.Â
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.
B.Â
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.
C.Â
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]
A.Â
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.
B.Â
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]
A.Â
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.
B.Â
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]
A.Â
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.
B.Â
The
minimum improvements installed in any subdivision shall be in accordance
with the following:
1.Â
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.
2.Â
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.
3.Â
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.
4.Â
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.
5.Â
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]
A.Â
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.
B.Â
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.
