City of Malden, MO
Dunklin County
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Table of Contents
Table of Contents
State Law References: For similar provisions, see §§ 89.410 – 89.450, RSMo.
Cross References: As to restrictions on granting of intoxicating liquor licenses to premises in close proximity to schools and churches, see § 600.035 of this Code; as to restrictions on granting of intoxicating liquor licenses in residential districts, see § 600.037; as to prohibition of slaughterhouses within City, see Ch. 215; as to mobile homes, manufactured homes, etc., see Ch. 535.
[Ord. No. 3121, 4-18-2016]
For the purposes of this Chapter, the word "subdivision" shall mean the division of a parcel of land into two (2) or more lots, or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
[1]
State Law Reference: For similar provisions, see § 89.300, RSMo.
[Ord. No. 3121, 4-18-2016]
Before adoption of any subdivision regulations, or any amendment thereof by the City Council, a duly advertised public hearing thereon shall be held by the City Council.
[1]
State Law Reference: For similar provisions, see § 89.410.3, RSMo.
[Ord. No. 3121, 4-18-2016]
After the Planning and Zoning Commission has adopted a City Plan which includes at least a Major Street Plan, or progresses in its City planning to the making and adoption of a Major Street Plan, and files a certified copy of the Major Street Plan in the Office of the Recorder of Deeds of Dunklin County, then no plat of a subdivision of land lying within the City shall be filed or recorded until it has been submitted to and a report and recommendation thereon made by the Planning and Zoning Commission to the City Council, and the Council has approved the plat as provided by law.
[1]
State Law Reference: For similar provisions, see § 89.400, RSMo.
[Ord. No. 3121, 4-18-2016]
Within sixty (60) days after submission of a subdivision plat to the Planning and Zoning Commission, the Commission shall approve or disapprove the plat; otherwise, the plat is deemed approved by the Commission, except that the Commission, with the consent of the applicant for the approval, may extend the sixty-day period. The ground of disapproval of any plat by the Planning and Zoning Commission shall be made a matter of record.
[1]
State Law Reference: For similar provisions, see § 89.420, RSMo.
[Ord. No. 3121, 4-18-2016]
The approval of a subdivision plat by the Planning and Zoning Commission does not constitute or effect an acceptance by the City or public of the dedication to public use of any street or other ground shown upon the plat.
[1]
State Law Reference: For similar provisions, see § 89.430, RSMo.
[Ord. No. 3121, 4-18-2016]
No owner or agent of the owner of any land located within the platting jurisdiction of the City, knowingly or with intent to defraud, may transfer, sell, agree to sell or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the City Council or the Planning and Zoning Commission and recorded in the office of the Dunklin County Recorder unless the owner or agent shall disclose, in writing, that such plat has not been approved by the City Council or Planning and Zoning Commission and the sale is contingent upon the approval of such plat by the City Council or Planning and Zoning Commission. Any person violating the provisions of this Section shall forfeit and pay to the municipality a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. Such penalty shall be set by the City Council. The City may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.
[1]
State Law Reference: For similar provisions, see § 89.450, RSMo.
[Ord. No. 3121, 4-18-2016]
No parcel of ground within the City not platted, accepted and approved by the City Council prior to March 22, 1965, shall be accepted or approved by the City Council unless the conditions hereinafter set forth in Sections 410.080 – 410.120, inclusive, shall have been fully satisfied.
[Ord. No. 3121, 4-18-2016]
All street rights-of-way included within any proposed subdivision plat shall be at least fifty (50) feet in width. All streets shall have been graded and graveled with a minimum of three (3) inches of base aggregate and shall be thirty (30) feet in width with specifications as stated in Section 1007 of the Missouri Standards Specifications for highway construction. A minimum of three (3) inches in depth and twenty (20) feet of width of asphalt or with a minimum of twenty-four (24) feet in width with an integral curb and a minimum of five (5) inches in depth of concrete. All street construction, whether asphalt or concrete, shall meet and be in complete accordance with the applicable Sections of the Missouri Standards Specifications for highway construction. Provisions shall be made on plats to provide for adequate drainage of subdivisions and all streets and alleys. All plats shall be approved and certified by a qualified engineering firm with experience and knowledge in relation to streets and drainage that the proposed streets and drainage are appropriate and workable. In any block all streets and easements must be developed before any lots are sold or construction is started in said block. All streets must be paved or concreted to run continuous. If said specifications are not complied with in full, no City utilities will be made available. In all plats of subdivisions that the Planning and Zoning Commission determines that easements are required, such easements shall be not less than twenty (20) feet in width and shall be for use by the City of Malden or its designated agent or franchisee or any public utility company for utilities, telephone, cable television or any similar purpose. All such easements must at all times be open and unrestricted.
[Ord. No. 3121, 4-18-2016]
All plats of subdivisions shall include an easement for use by the City of Malden or its designated agent or franchisee or any public utility company for utilities, telephone, cable television or any similar purpose of not less than twenty (20) feet in width at, along and adjoining to the rear boundary line of the property. All such easements must at all times be open and unrestricted.
[Ord. No. 3121, 4-18-2016]
All plats of subdivisions must make provisions for the installation of water lines, sewer lines and gas lines to be constructed in the alleys and, if not practical, to locate such lines in alleys, then they shall be installed in the street and on either side of the area designated as gravel or asphalt.
[Ord. No. 3121, 4-18-2016]
Any person desiring to submit a subdivision plat to the City Council for approval shall submit the plans therefor to the Council with at least one (1) exact copy of each plan or plat filed with the City Clerk. Thereafter, the City Council shall consider the plan or plat so filed with the City Clerk, and if the requirements as herein before specified have been satisfied, the City Council shall so find and approve such plans and the party seeking to have them approved may then proceed with this project. The plat shall be designed and completed as indicated on the plans filed with the City Clerk and approved by the City Council and shall not be changed in any material respect without having been resubmitted and reapproved by the City Council.
[Ord. No. 3121, 4-18-2016]
All expenses necessary to make a subdivision plat acceptable under this Chapter shall be borne by the person seeking to have his/her subdivision approved.
[Ord. No. 3121, 4-18-2016]
After the adoption of a Major Street Plan and subdivision regulations, the City shall not accept, lay out, open, improve, grade, pave or light any street, lay or authorize the laying of water mains, sewers, connections or other utilities in any street within the City unless the street has received the legal status of a public street prior to the adoption of a City Plan; or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the City Council or the Planning and Zoning Commission, or on a street plan made by and adopted by the Planning and Zoning Commission. The City Council may locate and construct or, may accept any other street if the ordinance or other measure for the location and construction or, for the acceptance is first submitted to the Planning and Zoning Commission for its approval and approved by the Commission or, if disapproved by the Commission, is passed by the affirmative vote of not less than two-thirds (2/3) of the entire membership of the City Council.
[1]
State Law Reference: For similar provisions, see § 89.460, RSMo.
[Ord. No. 3121, 4-18-2016]
After the adoption of a Major Street Plan, no building permit shall be issued for and no building shall be erected on any lot within the territorial jurisdiction of the Planning and Zoning Commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of Section 410.130.
[1]
State Law Reference: For similar provisions, see § 89.470, RSMo.