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.
