Editor's Note — Ord. no. 5354 §1, adopted October
16, 1995, repealed ch. 410 and enacted the provisions set out herein.
Former ch. 410 derived from ord. no. 4971 §1, 5-13-1991; ord.
no. 5051 §1, 5-11-1992.
[R.O. 2008 §410.010; Ord. No. 5354 §1, 10-16-1995]
This Chapter shall be known and may be cited as the "Subdivision
Ordinance of the City of Maryville, Missouri".
[R.O. 2008 §410.020; Ord. No. 5354 §1, 10-16-1995]
In their interpretation and application, the provisions of this
Chapter shall be held to be the minimum requirements adopted for the
protection of the public health, safety and welfare. The purpose of
the Subdivision Regulations is to encourage the development of sound,
healthful and economically stable residential neighborhoods and commercial
and industrial areas; to provide for safe, convenient and efficient
traffic circulation; to secure adequate drainage; to coordinate land
development in order to assure that future urban growth will be orderly,
efficient and conducive to minimum outlay of public and private expenditures
for providing services to new growth areas; to minimize fire hazards
and to provide for light and air in habitable structures; and to provide
protection for owners and potential buyers of property.
[R.O. 2008 §410.030; Ord. No. 5354 §1, 10-16-1995]
It is not intended by this Chapter to repeal, abrogate, annul
or in any way impair or interfere with existing provisions of other
laws or ordinances, except those specifically repealed by this Chapter,
or with private restrictions placed upon property by deed, covenant
or other private agreements, or with restrictive covenants running
with the land to which the City is a part. Where this Chapter imposes
a greater restriction upon land than is imposed or required by such
existing provisions of law, ordinance, contract or deed, the provisions
of this Chapter shall control.
[R.O. 2008 §410.040; Ord. No. 5354 §1, 10-16-1995]
The provisions of this Chapter shall be administered by the
Planning and Zoning Commission with the final approval of the City
Council of the City of Maryville.
[R.O. 2008 §410.050; Ord. No. 5354 §1, 10-16-1995; Ord. No. 6022 §1, 1-26-1998; Ord. No. 7120 §1, 6-8-2009]
For the purpose of this Chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein:
A minor way, dedicated to the public use, which is used primarily
for utilities and vehicular access to the back or the side of properties
otherwise abutting on a street.
A piece or parcel of land entirely surrounded by public highways,
streets, streams, railroad right-of-way, parks, etc., or a combination
thereof. There may be more than one (1) lot within a single block.
A line on a plat generally parallel to the street right-of-way,
indicating the limit beyond which buildings or structures may not
be erected.
The City of Maryville, Missouri.
An authorized representative of the City Manager responsible
for the review and inspection of projects presented for approval.
The City Official responsible for the administration of the
City or his/her duly authorized representative.
The Governing Body of the City of Maryville, Missouri.
A minor street having one end open to traffic and being permanently
terminated by a vehicular turnaround.
Day shall refer to a normal work day.
The owner or agent under legal authority of the owner or
owners who undertakes to cause a parcel of land to be designed, constructed
and recorded as a Subdivision. This term may be used interchangeably
with the term "Subdivider".
The individual designated by the City Manager to direct the
operations of the Public Works Department.
Shall be a line dividing a lot or parcel of land. It may
be a continuous line or a combination of lines.
A grant by the property owner to the public, a corporation,
or persons for the use of a parcel of land for a specific purpose.
Engineering drawings, for construction, of all improvements
required by the Subdivision Chapter. Also, referred to as Construction
Drawings or Engineering Drawings.
A drawing to scale containing the items specified by these
regulations indicating the layout of lots, blocks and public ways
in a subdivision completed and improved or bonded for improvements
along with legal documents required for recording. It is also the
final map, drawing or chart on which the Subdivider's subdivision
plan is presented to the City Council for approval and which, if approved,
will be submitted to the County Recorder of Deeds for recording.
Shall be not less than the minimum lot width allowed by Maryville City Code Chapter 405: ZONING CODE.
The plan or series of plans for the future development of
the City of Maryville, Missouri, approved by the City Council as the
guide for future development. Such plans may alternatively be referred
to as Master Plan, Comprehensive Plan, or Development Plan.
Shall include, but not be limited to, the changes and additions
to land necessary to prepare it for building sites, including street
paving, curbing, grading, monuments, drainage ways, sewers, fire hydrants,
water mains, sidewalks, street lights, pedestrian ways and other public
works appurtenances.
A parcel of land whose boundaries have been established by
some legal instrument such as a recorded deed or a recorded map which
is 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 and accessory buildings, together with such yards and
lot areas as required by the Zoning Code, and having its principal
frontage upon a street, road or place approved by the Planning and
Zoning Commission and City Council.
The division of a platted lot into two (2) parcels not involving
the dedication or vacation of a street or alley.
The Zoning Map adopted by the City Council showing the zoning
districts, streets, highways and parts theretofore laid out, adopted
and established by law and any amendments thereto adopted by the City
Council or additions thereto resulting from the approval of Subdivision
Plats and the subsequent filing of such approved plats.
A continuous quantity of land in the possession of, owned
by, or recorded as, the property of the same person or persons.
A right-of-way dedicated to public use, which cuts across
a block to facilitate pedestrian access to adjoining streets or properties.
A land development project comprehensively planned as an
entity, via a unitary site plan, which permits flexibility in building
sites, mixtures of housing types and land use, useable open spaces
and may include the preservation of natural features.
The Planning and Zoning Commission of the City of Maryville,
Missouri, a Board appointed by the Mayor and Council, whose purpose
it is to develop plans and recommendations for development of the
City of Maryville, Missouri and to recommend resolutions for zoning
issues to the City Council. Referred to as the "Commission".
A map drawn to scale from an accurate survey including items
set forth herein along with all certificates and statements required
herein and by State Statute for the purpose of recording a subdivision
of land. Without modifying adjectives it shall refer to land subdivision
documents which have been officially recorded. In appropriate context,
a plat may refer to the land represented by a recorded plat and may
be synonymous with the word "Subdivision". It may
also be used as a verb referring to the act of preparing a plat.
A plan prepared and submitted with the preliminary plat for
review, that shows the proposed improvements of the subdivision in
enough detail for evaluation by the Commission and the City Council.
A drawing with supporting documents which represents a proposal
upon which a final plat is to be based. A preliminary plat is not
intended as a document to be filed or recorded.
The Department of Public Works established by the City Council
of the City of Maryville, Missouri.
A plat representing land which has previously been included
in a recorded plat.
Any section of land within or adjoining a Subdivision which,
intentionally or otherwise, serves to control access to public streets,
right-of-way or public facilities.
The zoning of those areas which have been or are likely to
be subjected to flooding. These areas shall be identified by the Public
Works Department and recommended by the Commission to the City Council
for approval before they are designated on the Official Map.
A public way for vehicular traffic whether designed as a
street, highway, thoroughfare, parkway, throughway, road, avenue,
boulevard, place or however otherwise designated.
Major streets and highways: Those which are
used primarily for fast heavy traffic.
Arterial or collector street: Those streets
which carry traffic from minor streets to major streets or to other
traffic generators.
Minor street: A street used primarily for
access to the abutting properties.
Marginal access street: A street that is parallel
to and adjacent to an arterial street and that is designed to provide
access to abutting properties so that these properties are somewhat
sheltered from the effects of the through traffic on the arterial
street and so that the flow of traffic on the arterial street is not
impeded by direct driveway access from a large number of abutting
properties.
Width of street: The shortest distance between
the lines delineating the right-of-way of a street.
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, an edifice or building of any
kind or any piece of work artificially built or composed of parts
joined together in some manner. A detention pond shall be a structure.
Except for "lot split" as defined, shall
be the division of a tract of land six (6) or more lots, tracts, sites,
parcels or areas any one 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 five (5) lots, tracts,
sites, parcels or areas, for residential purposes or existing commercial
development having a total aggregate area of ten (10) acres or less.
Also applicable shall be the following in a proposed subdivision of
land:
Does not include any new street, easement, rights-of-way, (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 ordinances for the City of Maryville, Missouri;
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;
In the interest of smart growth, betterment of the community
and citizens and development, the Public Works Director and City Manager
may reach a consensus that the proposal does not merit a comprehensive
review as a major subdivision.
Any individual, firm, association, syndicate, co-partnership,
corporation, trust or any other legal entity commencing proceedings
under this Chapter to effect a subdivision of land hereunder for himself\herself
or for another.
All other terms used in these regulations shall have their
normal meaning, except that terms common to engineering and surveying
shall be used in their professional sense.
[R.O. 2008 §410.060; Ord. No. 5354 §1, 10-16-1995]
A.
Except
as provided in this Chapter, no person shall subdivide any tract of
land which is located within the City limits except in conformity
with the provisions of this Chapter. Any plat hereinafter made or
any subdivision or any part thereof lying within the limits of the
City of Maryville, Missouri, shall be prepared, presented for approval,
approved and presented for recording as herein prescribed. These regulations
are enacted under the authority of applicable Statutes of the State
of Missouri.
1.
Subdivision, major procedure. Any subdivision other
than a minor subdivision shall comply with all procedures as set forth
in this Chapter.
2.
Subdivision, minor 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 Director of Public Works. If it is determined that said development
qualifies as a minor subdivision, the subdivider may proceed with
the project.
a.
Lot splits, undeveloped subdivisions or subdivisions under
development.
(1)
A previously platted undeveloped lot in a subdivision under
development or undeveloped shall be divided by replat.
(2)
The lots produced by replat need not be approved by the Commission,
but shall be approved by resolution of the Council prior to recording.
(3)
Lots produced by replat shall conform to all minimum standards
of this Title and other applicable Codes of the City.
b.
Lot splits, developed subdivisions.
(1)
A vacant parcel in a developed area may be divided as a lot
split by either metes and bounds description or by replat. If such
lot is to be divided by metes and bounds description, it may be so
divided only one (1) time and by only one (1) new dividing lot line
and shall not again be divided without replatting.
(2)
A lot to be divided more than one (1) time or involving more
than one (1) new dividing lot shall be considered a replat and shall
be subject to all procedures set out in this Title.
(3)
A lot split by either metes and bounds description or replat
need not be approved by the Commission but shall be approved by resolution
of the Council prior to recording.
(4)
In all cases, lots produced by a lot split shall conform to
all minimum standards of this Title and other applicable codes of
the City.
3.
Planned unit development (P.U.D). Land under unified
control to be developed as a whole in a single development operation
shall require a Development Plan which includes, but is not limited
to, the following requirements:
4.
Agricultural land exemptions. The division of land
for agricultural use into parcels, all of which are ten (10) acres
or more in area and have four hundred (400) feet or more of street
or road frontage and which do not involve the creation of any new
street or road, easement or other dedication, shall be exempt from
the requirements of these regulations, provided however, that the
provisions of applicable Statutes and regulations are complied with.
[R.O. 2008 §410.070; Ord. No. 5354 §1, 10-16-1995]
A.
Recording Of Plat. No plat of any subdivision shall be recorded
in the County Recorder's Office or have any validity until it has
been approved in the manner prescribed herein. In the event any such
unapproved plat is recorded, it shall be considered invalid and the
Director of Public Works shall institute proceedings to have the plat
stricken from the records of Nodaway County, Missouri.
B.
Permits. The Building Inspector shall not issue building
or other permits for any structure on a lot in a subdivision for which
a plat has not been approved and recorded in the manner prescribed
herein.
C.
Public Improvements. The City hereby defines its policy
to be that the City will withhold all public improvements of whatsoever
nature, including the maintenance of streets and the furnishing of
sewage facilities and water service from all subdivisions which have
not been approved and from all areas dedicated to the public which
have not been accepted by the City Council in the manner prescribed
herein.
D.
Revision Of Plat After Approval. No changes, erasures, modifications
or revisions shall be made in any plat of a subdivision after approval
has been given by the City Council and endorsed in writing on the
plat unless the said plat is first resubmitted to the Commission and
the changes found acceptable. Except a "minor subdivision", as defined in Section 410.060, shall be accepted by a Resolution of the City Council.
E.
Sale Of Land In Subdivision. No owner or agent of the owner
of any land located within a subdivision shall transfer, sell, agree
to sell or negotiate to sell any land by reference to, exhibition
of, or by the use of a plan or plat of a subdivision for private development
before such plan or plat has been approved and recorded in the manner
prescribed therein.
[R.O. 2008 §410.080; Ord. No. 5354 §1, 10-16-1995; Ord. No. 5443 §1, 7-15-1996]
A.
Planning Conference. Developer meets with the Director of
Public Works before development begins to learn of the general requirements
and identify potential problems.
B.
Preliminary Plat. Developer prepares preliminary layout
and Preliminary Development Plans for improvements of the subdivision
in sufficient detail to allow approval by the Commission after public
hearing.
D.
Planning And Zoning Commission Action. Recommendation for approval or disapproval by the Commission after a public hearing held pursuant to Section 410.115.
E.
City Council Action. Approval or disapproval by the City Council after a public hearing pursuant to Section 410.115.
F.
Final Plat. Developer prepares final plat and final development
plans for submission for approval, and obtains bonding for required
improvements.
G.
Final Plat Approval, Planning and Zoning Commission. The
Commission must recommend for approval the final plat and final improvement
plan if it conforms with the approved preliminary plat and preliminary
improvement plans as previously approved or bonded. After approval,
the final plat is forwarded to the City Council.
H.
Final Plat Approval, City Council. If the City Council finds
the final plat conforms with the preliminary plat and the final improvement
plans are installed or properly bonded, it shall approve the final
plat.
I.
Filing. The Director of Public Works has signatures affixed
and confirms the filing of the plat with the County Recorder of Deeds
at Subdivider's expense. Subdivider may sell lots and/or build.
[R.O. 2008 §410.090; Ord. No. 5354 §1, 10-16-1995]
A.
Planning Conference. Any owner, developer or agent wishing
to subdivide a parcel of land shall contact the Director of Public
Works and arrange for a Planning Conference. This conference shall
be for the purpose of determining the general requirements to be met
in developing the subdivision. If the subdivision does not involve
new streets or utilities or other improvements required of the Subdivision
Control Ordinance the Planning Conference may be waived by the Director
of Public Works.
B.
Findings Of The Planning Conference. The proceedings of
the Planning Conference shall be informal. It shall be the responsibility
of the subdivider to determine the areas of agreement among the conferees
and the problems which must be explored further through individual
conferences with departments charged with administering the provision
of utilities, streets, drainage and other public facilities. During
the conference it shall be the responsibility of the Director of Public
Works to aid the subdivider in determining the general features to
be required in the subdivision. All agreements arrived at by the conferees
shall be subject to ratification by the Commission and the City Council.
[R.O. 2008 §410.100; Ord. No. 5354 §1, 10-16-1995]
A.
Plat. After the subdivider has determined the general features
desired in the subdivision, he/she may develop a preliminary plan
and preliminary development plan for filing with the Director of Public
Works for review and subsequent submittal to the Commission for review
and recommendation.
B.
Filing. Six (6) weeks prior to the meeting at which consideration
is desired, the subdivider must file an application with the Director
of Public Works including nine (9) copies of the preliminary plat.
The preliminary plat and preliminary development plan shall be considered
officially filed after it is examined by the Director of Public Works
and found to be in full compliance with the requirements of these
regulations.
C.
Preparation. The preliminary plat shall be prepared and
certified by a Missouri-registered Land Surveyor.
D.
Form Of The Preliminary Plat. The preliminary plat shall
be prepared in accordance with current Missouri Department of Natural
Resources Division of Geology and Land Survey, Minimum Standards for
Property Boundary Surveys and shall show the following information:
1.
The proposed name of the subdivision.
2.
Contours with intervals of five (5) feet or less with 100-year floodplain
identified.
3.
The names of adjacent subdivisions or the names of record owners
of adjoining parcels of unsubdivided land.
4.
The location, widths, and names of all existing or platted streets
or other public ways within or adjacent to the tract, existing permanent
buildings, railroad right-of-way and other important features such
as section lines, political subdivision or corporation lines and school
district boundaries.
5.
Existing sewers, water mains, culverts or other underground structures
within the tract and immediately adjacent thereto with pipe sizes,
grades and locations indicated.
6.
All parcels of land intended to be dedicated to public use or reserved
in the deeds for the use of all property owners in the proposed subdivision,
together with the purpose of conditions or limitations of such reservation,
if any.
7.
The layout, names and widths of proposed streets, alleys and easements.
8.
A plan of proposed water distribution system, sanitary sewers and
storm sewers showing pipe sizes and the location of valves, fire hydrants
and fittings, including total annual service loading projections on
receiving systems, i.e., water, sewer and storm drainage based on
a ten (10) year incident.
9.
Planned locations of sidewalks and street lights.
10.
The layout, numbers and scaled dimensions of proposed lots.
11.
The building setback lines and dimensions for all front and side
yards as stated in the Zoning Code.
12.
Indication of any portion of the subdivision for which a final plat
is to be proposed if the subdivision is to be developed in stages.
13.
Proposed covenants or deed restrictions.
14.
Designation of the proposed uses of the land within the subdivision
and proposed changes in zoning district designation, if any.
[R.O. 2008 §410.110; Ord. No. 5354 §1, 10-16-1995]
A.
Upon
receipt of the preliminary plat and preliminary improvement plan,
the Director of Public Works shall cause copies thereof to be distributed
to the representatives of any utility entities not under the control
of the City of Maryville, Missouri. The Director of Public Works shall
report the combined recommendations to the Public Safety Department,
utility companies and other concerned entities to the Commission.
B.
The
City Manager or his/her authorized representative may recommend approval
or disapproval of the preliminary plat and preliminary improvement
plan or any features thereof, but in expressing disapproval, the reasons
for such action shall be set forth in writing.
C.
The
Commission shall recommend approval or disapproval of a preliminary
plat and preliminary improvement plan within sixty (60) calendar days
of its receipt unless a longer time is agreed upon with the subdivider.
D.
Upon
approval or disapproval by the Commission, the preliminary plat, the
preliminary improvement plan and the Commission's recommendation shall
be forwarded to the City Council along with the Director of Public
Work's comments within thirty (30) calendar days.
E.
The
City Council shall review all items and approve, approve with modifications
or disapprove the preliminary plat as presented.
[Ord. No. 5443 §1, 7-15-1996]
A.
When
a preliminary plat is submitted to the Planning and Zoning Commission
for its recommendation, a public hearing shall be held by the Commission
prior to making its recommendation. The Commission shall cause notice
of its proceedings to be given by regular mail, dispatched not less
than seven (7) days prior to the date of the proceedings. Said notice
shall be given to all owners of record of any property adjoining the
property being considered by the Commission. Said adjoining property
owners shall be given the opportunity to provide input during the
proceedings of the Planning and Zoning Commission. A copy of said
notice shall be transmitted to the Chairperson of the Commission.
The Commission may adopt such other reasonable rules and regulations
as may be required to facilitate such notice.
B.
When
a preliminary plat is submitted to the City Council for its approval,
a public hearing will be held by the City Council prior to approval
of the preliminary plat. Notice of this hearing will be provided by
the City Clerk who shall publish said notice in the local newspaper
of general circulation. Said publication shall occur not less than
seven (7) days prior to the public hearing. A copy of the notice shall
be retained by the City Clerk and provided to the City Council. The
City Council may adopt such other reasonable rules and regulations
as may be required to facilitate such notice.
[R.O. 2008 §410.120; Ord. No. 5354 §1, 10-16-1995]
The subdivider may make modifications for presentation to the
Director of Public Works for review and recommendations for further
Commission/City Council consideration if deemed appropriate.
[R.O. 2008 §410.130; Ord. No. 5354 §1, 10-16-1995]
A.
Approval
of the preliminary plat and preliminary improvement plan, as set forth
herein, shall constitute authority to proceed with preparation of
the final plat and final improvement plan.
B.
The
final plat shall be prepared in conformity with the approved preliminary
plat and preliminary improvement plan including any and all changes
required by the City Council.
C.
Material
deviation from such approved preliminary plat shall require resubmission
for approval.
D.
Approval
of a preliminary plat shall not constitute authority to sell lots,
record the plat, advertise the future or conditional sale of lots
based on the preliminary plat or authority to construct permanent
buildings in reliance upon the preliminary plat layout, nor shall
it constitute final acceptance of the subdivision.
[R.O. 2008 §410.140; Ord. No. 5354 §1, 10-16-1995; Ord. No. 5566 §1, 7-28-1997]
In the event there shall be any change in City ordinance or
regulations relevant to the preliminary plat which was in existence
at the time of the approval of the preliminary plat, said approval
of the preliminary plat by the City Council shall remain effective
for a period of two (2) years from the date of modification of the
relevant ordinance or regulation.
[R.O. 2008 §410.150; Ord. No. 5354 §1, 10-16-1995]
A.
In
order to discourage premature subdivision and uneconomic improvements,
the following procedure is provided for large development schemes:
1.
When a developer or group of developers have in their control an
area of land which they wish to plat, but of so large a size that
the majority of the lots would take more than one (1) year to sell,
they shall cause to be prepared a preliminary plat and a preliminary
development plan for the entire area.
2.
On such preliminary plat successive development divisions may be
designated.
3.
Upon approval of the preliminary plat and preliminary development
plan the developer may prepare a final plat and final development
plan for one (1) or more development divisions, provided the order
of development allows for logical provision of streets and utilities.
4.
Each development division shall be considered as a separate and individual
unit. A final plat shall be prepared and approved for each division.
The provisions of these regulations shall apply individually to each
development division and be presented as a separate filing for recording.
[R.O. 2008 §410.160; Ord. No. 5354 §1, 10-16-1995]
A.
Before
delivering the preliminary plat to the Commission for recommendation,
the subdivider shall pay to the City Treasurer the following fees:
B.
The
processing fee and the engineering check fee shall not be refundable.
The City Treasurer shall receipt stamp proof of the payment of fees
upon the face of each copy of the preliminary plat. Such fees shall
not be considered payment for supervision of construction.
[R.O. 2008 §410.170; Ord. No. 5354 §1, 10-16-1995]
A.
Filing. Within two (2) years of approval by the City Council
of the preliminary plat and preliminary development plan, the subdivider
shall file a final plat and development plan for the entire subdivision
or for a development division (stage), with the Office of Public Works.
Sufficient copies, not to exceed nine (9), shall be submitted to facilitate
review and approval. If a final plat and development plan is not filed
within two (2) years of the City Council approval of the preliminary
plat, the plat shall be subject to review, revision or cancellation
of approval by the City Council.
B.
The
final plat and development plan shall have incorporated all changes
or modifications required by the Commission and City Council. It may
constitute only that portion of the approved preliminary plat which
the subdivider proposes to record and develop at the time, provided
that such portion conforms with all the requirements of this Chapter.
C.
Form Of Final Plat. The final plat shall be drawn in accordance
with the Missouri Department of Natural Resources Division of Geology
and Land Survey Standards of Practice No. 1.
1.
Name of subdivision, points of the compass, scale of the plat, name
of subdivider, date and name and address and seal of the surveyor.
2.
Location of boundary lines, in relation to section and quarter section,
all of which comprise a legal description of the property. All locations
shall be tied to a land survey corner.
3.
The lines of all streets, alleys and other lands to be dedicated
with their widths and names shall conform to existing street name
patterns.
4.
All lot lines, dimensions and numbering of lots and blocks shall
be according to a uniform system.
5.
Statutory systems shall be complied with if applicable.
6.
Building lines with zoning set back dimensions.
7.
Easements for any right-of-way provided for public use, drainage,
services or utilities showing dimensions and purpose.
8.
All dimensions, both linear and angular, necessary for locating the
lines of lots, tracts, or parcels of land, streets, alleys, easements
and the boundaries of the subdivision. The linear dimensions are to
be expressed in feet and decimals of feet. The plat shall show all
curve data necessary to reconstruct on the ground all curve linear
boundaries and lines and radii of all rounded corners.
9.
The perimeter and blocks of the plat shall close to an allowable
unadjusted error of one (1) in five thousand (5,000).
10.
The description, location and elevation of all bench marks.
11.
The description and location of all permanent monuments set in the
subdivision.
12.
Names in contrasting text of adjacent plats with location of adjoining
streets shown by dashed lines.
13.
Legal description of the lands being subdivided.
14.
Certificate of dedication signed and acknowledged by all parties
having any title interest in the land subdivided and consenting to
the preparation and recording of the plat as submitted.
15.
Land surveyor's certificate and seal.
16.
Certificates of approval in legally correct form and places for the
signatures of the following: Notary Public acknowledging dedication,
the Chairman of the Planning and Zoning Commission, the Mayor and
Clerk of the City of Maryville, Missouri. Other certificates as may
be required by law may be recorded as separate instruments accompanying
the plat.
D.
Any
zoning changes shall be recommended by the Commission and forwarded
to the City Council with the final plat.
[R.O. 2008 §410.180; Ord. No. 5354 §1, 10-16-1995; Ord. No. 5426 §1, 6-25-1996; Ord. No. 5507 §1, 3-24-1997]
A.
The
proposed subdivision shall conform to the master plan and official
map.
1.
Streets. The arrangement, character, extent, width,
grade and location of all streets shall conform to the official map
and master plan and shall be considered in their relation to existing
and planned streets, to topographical conditions, to public convenience
and safety and in their appropriate relation to the proposed uses
of the land to be served by such streets. When not shown on the official
map or master plan, the arrangement and other design standards of
streets shall conform to the provisions found herein.
2.
Relation to adjoining street system. The arrangement
of streets in new subdivisions shall make provision for the continuation
of existing streets in adjoining areas within grade limits and in
keeping with block length standards set out herein.
3.
Projection of streets. Where adjoining areas are
not subdivided, the arrangement of streets in new subdivisions shall
make provision for the proper projection of streets to the property
line in keeping with block length standards set out herein.
4.
Street jogs prohibited. Street jogs, with centerline
offsets of less than one hundred twenty-five (125) feet are prohibited.
5.
Dead-end or cul-de-sac. Permanent dead-end streets
or cul-de-sacs, shall be no longer than five hundred (500) feet and
shall be provided at the closed end with a turnaround having an outside
roadway diameter of at least ninety (90) feet and a street property
line diameter of at least one hundred fifteen (115) feet. If a dead-end
street is temporary, a similar turnaround may be required by the Commission.
Provision must be made for future extension of the street into adjoining
properties.
6.
Minor streets. Minor streets shall be laid out so
their use by through traffic will be discouraged.
7.
Street widths. Street right-of-way widths shall
be:
|
Street Type
|
Right-of-Way
| |
|---|---|---|
|
Major
|
100 feet
| |
|
Secondary
|
80 feet
| |
|
Minor
|
50 feet
|
|
|
Paved street width, including curb and gutter, shall be:
|
|
Major
|
36 feet
| |
|
Secondary
|
36 feet
| |
|
Minor
|
28 feet
|
8.
Intersections. The intersection of more than two
(2) streets at one point shall be avoided except where it is otherwise
impracticable to secure a proper street system. Streets shall intersect
one another at an angle as near to a right angle as possible and no
intersections of streets at angles less than sixty (60) degrees shall
be approved. Street intersections shall be rounded with a radius of
twelve (12) feet measured at the back of curbs when the said intersection
occurs at right angles.
9.
Curved streets. Curved streets are encouraged and
shall relate to natural terrain so that minimum grading is necessary.
No horizontal curve in a public street shall have a centerline radius
of less than seventy-five (75) feet.
10.
Reverse curve. Reverse curves (S-curves) shall have
a tangent introduced between the curves of adequate length to allow
smooth transition.
11.
Subdivision into tracts larger than ordinary building lots. Where a tract is subdivided into larger parcels than ordinary building
lots, such parcels shall be arranged so as to allow for the opening
of future streets and logical further resubdivision.
12.
Reserve strips. Reserve strips controlling access
to streets shall be prohibited except under conditions approved by
the City Council.
13.
Street grades. No street gradient shall be less
than one-half of one percent (0.5%) and shall not exceed the following,
with due allowance for reasonable vertical curves:
|
Street Type
|
Percent Grade
| |
|---|---|---|
|
Major
|
7
| |
|
Secondary
|
8
| |
|
Minor
|
10
|
14.
Half-streets prohibited. Half-streets shall be prohibited
except where essential to the reasonable development of the subdivision
in conformity with the other requirements of these regulations and
where the Commission and City Council find it will be practical to
require the dedication of the other half when the adjoining property
is subdivided.
15.
Street names and numbers. Names of new streets and
house numbers shall be assigned by the Department of Public Works.
16.
Access to streets across ditches. The subdivider
shall provide access to all proposed streets across all ditches in
a standard method approved by the Director of Public Works.
17.
Private streets. Private streets may be approved
by the City Council and shall be built to all City specifications;
public improvements and maintenance will not be provided for any private
street.
18.
Hardship to owners of adjoining property avoided. Streets shall be arranged to insure no hardships are caused to owners
of adjoining property in platting their own land and developers must
insure convenient access is allowed to adjoining property.
19.
Block length. In general, provisions shall be made
for through streets at intervals of not less than one thousand three
hundred twenty (1,320) feet.
20.
Alleys.
a.
Residential areas. Alleys may be approved in residential
areas only by the City Council upon recommendation of the Commission.
b.
Commercial and industrial districts. Alleys shall
be provided in commercial and industrial districts. The City Council
may waive this requirement where other definite and assured provisions
are made for service access, such as off-street loading, unloading
and parking consistent with and adequate for the uses proposed.
c.
Width. The right-of-way width of residential and
commercial alleys shall be twenty (20) feet.
21.
Dead-end. Dead-end alleys shall not be permitted.
The City Council may waive this requirement where such dead-end alley
is unavoidable and where adequate turnaround facilities have been
provided.
22.
Utility easements. Easements with a right-of-way
width of ten (10) feet on each side of all rear lot lines and along
certain side lot lines where necessary for utilities shall be provided.
23.
Provisions for drainage.
a.
All developments shall be provided with a drainage system that is
adequate to prevent undue retention of surface water on the development
site.
b.
Where a subdivision is traversed by a water course, drainage way,
channel or stream, there shall be provided a stormwater easement conforming
substantially with the lines of such water course, and such further
width or construction or both as will be adequate for the purpose.
c.
An engineering study indicating floodplain requirements between developed
and undeveloped land for 100-year storm frequency must accompany each
preliminary and final plat.
d.
All necessary channels, retention structures, etc., must be designated.
f.
Drainage easements shall be sufficient in width so that motorized
equipment may be used in their maintenance.
g.
No surface water may be channeled or directed into a sanitary sewer.
h.
All developments shall be constructed and maintained so that adjacent
properties are not unreasonably burdened with surface water as a result
of such developments.
24.
Blocks.
a.
Factors governing dimensions. Block length and width
or acreage within bounding roads must be sufficient to accommodate
the size of lot required in the area by the Zoning Code and to provide
for convenient access, circulation and safety of street traffic.
b.
Lengths. Block length shall not be less than three
hundred fifty (350) feet or exceed one thousand three hundred twenty
(1,320) feet.
c.
Arrangement. A block shall be designed to provide
two (2) tiers of lots except when lots may back onto an arterial street,
highway or railroad.
d.
Crosswalks. In blocks over eight hundred (800) feet
long, pedestrian crosswalks may be required by the Director of Public
Works in locations deemed necessary to public health, convenience
and necessity. Crosswalks shall be six (6) feet wide, straight from
street to street and shall contain a paved surface four (4) feet wide.
25.
Lots.
a.
Lot dimensions and area shall not be less than the requirements of
the Zoning Code.
b.
Location. All lots shall abut by their full frontage
on a publicly dedicated street or a private street that has received
the legal status as such.
c.
Lines. Side lot lines shall be substantially at
right angles to straight street lines or radial to curved street lines.
d.
Corner lots. Corner lots for residential use shall
be at least twenty (20) feet wider on each side than the minimum street
frontage width required for a lot within that residential zoning designation.
(For illustration, in an "R-2" Zone where the minimum street frontage
is sixty-six (66) feet, this provision shall require that no front,
side or back line of a residential corner lot shall be less than eighty-six
(86) feet in length.)
e.
Uninhabitable lots. Lots subject to flooding and
lots deemed by the Commission to be uninhabitable shall not be platted
for residential occupancy nor for other uses which may cause danger
to health, life or property or aggravate the flood hazard. Such land
within the plat will be set aside for uses that will not endanger
the health and safety of the public or cause financial burden to the
City.
f.
Lot remnants. All remnants of lots below minimum
size left over after subdividing of a larger tract must be added to
adjacent lots rather than allowed to remain as unusable parcels.
[R.O. 2008 §410.190; Ord. No. 5354 §1, 10-16-1995; Ord. No. 5426 §1, 6-25-1996; Ord. No. 5589 §1, 9-22-1997; Ord. No. 6641 §§1 —
2, 4-12-2004; Ord. No.
6678 §§1 — 2, 8-23-2004]
A.
The
following improvements shall be in place before the subdivision or
section of the subdivision is accepted by the City Council. Acceptance
of improvements shall be by a written request of the subdivider and
a resolution of the City Council accepting improvements, subject to
a two (2) year guarantee period. However, no guarantee period shall
commence between December fifteenth (15th) and April fifteenth (15th),
thereby ensuring that the guarantee period encompasses two (2) complete
winter seasons.
1.
Monuments. Monuments shall be placed at all block
corners, angle points, points of curves in streets and at intermediate
points as required by the Director of Public Works. The monuments
shall be of material, size and length approved by the Director of
Public Works.
2.
Streets and grading. All streets shall be constructed
of concrete pavement in accordance with specifications designated
by the Director of Public Works and the Street Specifications Appendix
which is on file in the City offices. Such construction shall be subject
to inspection and approval by the City Engineer and the Director of
Public Works. Grading shall be completed to official grade on all
streets for the full width of the right-of-way including sidewalks
and fills and shall be compacted sufficiently to assure adequate support
for permanent paving as set forth in the Street Specifications Appendix
and approved by the City Engineer and the Director of Public Works.
Standard installations for sanitary sewer, storm drainage and water
supply shall be installed before paving, even though private service
can be provided at the time of approval of the final plat.
3.
Curbs, gutters and drainage. Curbs, gutters and drainage structures shall be provided in accordance with Chapter 560: Storm Drainage Ordinance adopted by the City. Such construction shall be subject to the inspection and approval of the City Engineer and the Director of Public Works.
4.
Water supply. The subdivider shall be required,
at their own expense, to install eight (8) inch water mains in compliance
with Title VII, "Utilities" to serve the lots within the subdivided
area. Tapping fees shall not be incurred until such time as the lot
is developed. Further, the subdivider shall be required to provide
water to each lot by completion of any one (1) of the following:
a.
Locating upon the lot a water main which provides water to the subdivision;
or
b.
Completing a water meter set upon the lot in accordance with Title
VII, "Utilities" which provides water service from the water main
to the lot; or
c.
Completing a curb box upon the lot in accordance with Title VII,
"Utilities" which provides water service from the water main to the
lot.
5.
Sanitary sewer system. The subdivider shall be required,
at his/her expense, to install a public sanitary sewer complying with
Title VII, "Utilities". Service shall be installed to each lot terminating
at the property line with an approved clean out according to Title
VII, "Utilities". Tapping fees shall not be incurred until such time
as the lot is developed.
6.
Sidewalks.
a.
Concrete sidewalks shall be constructed along at least one (1) side
of every minor street shown on the plat in accordance with applicable
standards and specifications of the City. Concrete sidewalks shall
be constructed along both sides of all arterial and collector streets,
provided however, that where the property is platted in lots having
an area of one (1) acre or more, the Council may waive this requirement.
b.
Sidewalks shall be completed upon each lot before a permanent certificate
of occupancy is issued.
7.
Street signs. Street signs made of aluminum with
reflectorized lettering and mounted on metal posts shall be installed
by the subdivider at all street intersections on diagonally opposite
corners. Signs indicating the name of each street shall be erected
at each location as close to the corner as practical, facing traffic
on the cross street with the nearest portion of the sign not less
than one (1) foot nor more than three (3) feet back from the curb
line. The City shall approve street names and place street name signs.
8.
Lighting. The minimum requirement for street lighting
facilities shall be one (1) fourteen thousand four hundred (14,400)
lumens one hundred fifty (150) watt high pressure sodium or equivalent
at each street intersection within or abutting the subdivision. Light
standards shall be approved by the Director of Public Works.
9.
Landscape development. All unpaved or otherwise
unimproved areas within the public right-of-way or public use areas
shall be prepared and maintained with proper erosion control in a
manner approved by the Director of Public Works.
10.
Fire hydrants. Shall be installed in a pattern approved
by the Director of Public Safety and Director of Public Works.
B.
As-Built Plans. Upon completion of construction of utilities
or improvements, one (1) set of reproducible tracings of complete
as-built final plans, dated, signed and certified by the Engineer
shall be filed with the Director of Public Works showing installed
improvements including materials, size, location, depth or elevation,
numbers, ends of lines, connection ways, valves, storm sewer drains,
inlets and all other pertinent information. There shall be no connections
made to utilities serving the subdivision until all foregoing requirements
have been met.
[R.O. 2008 §410.195; Ord. No. 5566 §1, 7-28-1997]
Prior to approval of the final plat, the subdivider shall agree
in writing on a form provided by the City that the subdivider will
install the minimum improvements provided herein, except sidewalks,
and that the subdivider understands no occupancy will be permitted
by the City until the required improvements are available to each
lot for which occupancy is requested or until satisfactory surety
in the form of an irrevocable bank letter of credit, deposited to
the credit of the City for one hundred percent (100%) of the cost
of the public improvements, or a bond is furnished by the subdivider
or its contractor guaranteeing the installation of the improvements
to said lots. No such surety shall be accepted unless it is enforceable
by or payable to the City or its agent in the sum at least equal to
the cost of constructing the improvements as estimated by the City
Engineer and in form with surety and conditions approved by the City
Attorney.
[R.O. 2008 §410.200; Ord. No. 5354 §1, 10-16-1995]
The violation of any of the provisions of the Chapter or any
Section thereof is declared a ordinance violation and subject to a
fine of not more than five hundred dollars ($500.00) or by confinement
in jail for not more than three (3) months, or by both such fine and
imprisonment. A separate violation shall be deemed committed upon
each day during or on which violation occurs or continues.
[R.O. 2008 §410.210; Ord. No. 5354 §1, 10-16-1995]
A.
Generally. The Commission may recommend to the City Council
a variance from these regulations when, in its opinion, undue hardship
may result from strict compliance. Upon recommending any variance,
the Commission shall prescribe only conditions that it deems necessary
to or desirable for the public interest. In making its findings, as
required herein below, the Commission shall take into account the
nature of the proposed use of land and the existing use of land in
the vicinity, the number of persons to reside or work in the proposed
subdivision and the probable effect of the proposed subdivision upon
traffic conditions in the vicinity. No variance shall be recommended
unless the Commission finds:
1.
There are special circumstances or conditions affecting said property
such that the strict application of the provisions of this Chapter
would deprive the applicant of the reasonable use of his/her land.
2.
The variance is necessary for the preservation and enjoyment of a
substantial property right of the petitioner.
3.
The recommending of the variance will not be detrimental to the public
welfare or injurious to other property in the City of Maryville.
B.
Application Required. Application for any variance shall
be submitted in writing by the subdivider at the time when the preliminary
plat is filed for the consideration of the Commission. The petition
shall state fully the grounds for the application and all the facts
relied upon by the petitioner.
[R.O. 2008 §410.215; Ord. No. 5354 §1, 10-16-1995]
A.
Modification Of Requirements. The strict application of
the terms of these regulations may be modified by the City Council
and/or upon the recommendation of the Planning and Zoning Commission
in the event any specific provision is determined impractical in its
application to a specific parcel of land because of characteristics
peculiar to said parcel and the intent of these regulations will not
be compromised.
B.
Enforcement. The City Manager shall be responsible for the
enforcement of regulations and to this end all employees and officials
of the City shall report in writing any violation or suspected violation
of these regulations.
C.
Severability. The provisions of these regulations are severable
and if any provision, sentence, clause, Section or part thereof shall
be held illegal, invalid or unconstitutional or inapplicable to any
person or circumstances, such illegality, invalidity, unconstitutionality
or inapplicability shall not affect or impair any of the remaining
provisions, sentences, clauses, Sections or parts of these regulations
or their application to other persons and circumstances. It is hereby
declared to be the legislative intent, that these regulations would
have been adopted if such illegal, invalid or unconstitutional provisions,
sentence, clause, Section or part had not been included therein and
if the person or circumstances to which these regulations or any part
thereof is inapplicable had been specifically exempted therefrom.
