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Chapter 21
SUBDIVISION REGULATIONS*
Art. I. In General, §§ 21-1—21-25
Art. II. Design Standards, §§ 21-26 – 21-22-50
Art. III. Plat Preparation and Approval Procedures, §§ 21-51 – 21-100
Div. 1. Generally, §§ 21-51 - 21-65
Div. 2. Preliminary Plat, §§ 21-66 – 21-85
Div. 3. Final Plat, §§ 21-86 – 21-100
Art. IV. Improvements, §§ 21-101 – 21-113.
ARTICLE I. IN GENERAL.
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*Cross reference – Any ordinance dedicating or accepting any plat or subdivision in the city saved from repeal, § 8(16); buildings and building regulations, Ch. 6; streets; sidewalks and other public places generally, Ch, 20; major street planning, § 20-21 et seq.; property numbering, § 20-46 et seq.; utilities, Ch. 24 ; zoning, Ch 27; enumeration of ordinances saved from repeal pertaining to planning and zoning, App. A.
State law reference – Plats and subdivisions, RSMo 89.400 et seq,; plats, RSMo Ch 445.
Sec. 21-1. Purpose.
(a) The platting of land is the first step in the process of urban development. The arrangement of land parcels in the community for residential, commercial and industrial uses and for streets, alleys, schools, parks, drainage ways and utility easements will determine to a large degree the design, character and conditions in the urban area. The quality of the urban area is of public interest. These regulations and standards for the platting and subdividing of land for urban use are to make provision for adequate light, air, open space, drainage, traffic circulation, utilities and other needs to insure the development and maintenance of a healthy, attractive and efficient community.
(b) These regulations are designed to:
(1) Implement the city plan adopted by the planning and zoning commission;
(2) Provide neighborhood conservation and prevent the spread of urban blight;
(3) Provide that the cost of improvement which primarily benefit the tract of land being developed by borne by
the owners or developers of the tract
(Ord. No. 1814, § 2(1.1), 9-12-77)
Sec. 21-2. Definitions.
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:
Alley shall mean a minor public easement used primarily for vehicular service access to the back or side of properties otherwise abutting on a street and not intended for general traffic circulation.
Applicant shall mean the owner of land proposed to be platted or subdivided or his representative. Consent shall be required from the legal owner of the promises.
Block shall mean a tract of land bounded by streets or by a combination of streets, streams, railroad right-of-way, parks, etc.
Building line shall mean a set back line from the lot line which restricts the buildable area of the lot.
City plan shall mean the plan made and officially adopted by the planning and zoning commission which includes a plan for land use and major streets.
Developer shall mean any proprietor, individual person, firm, association, syndicate, copartnership, corporation, trust, condominium developer or other legal entity that directly or indirectly causes land to be platted or subdivided for itself or for others.
Easement shall mean a grant by the property owner to the public, a utility or persons, for the use of a strip of land for specific purposes.
Grade shall mean the slope of roads, streets or other public ways, specified in percentage terms.
Improvements shall mean street pavements, curbs, gutters, sidewalks, bikeways, water mains, sanitary sewers, storm drainage systems, street signs or any erected physical facilities that are to be installed by the developer on the land in the plat.
Land locked shall mean a developable tract of land entirely or almost entirely surrounded by lots, development, floodplain or severe topography without a street or public access.
Lot shall mean a piece of land within a plat, indicated on a subdivision as a numbered, lettered or otherwise identified parcel of land to be offered for sale, dedication or development, and which may be described by references to lot, block and plat name designation only, without reference to metes and bounds.
Major street plan shall mean the section of the adopted city plan dealing with streets and the accompanying major street map.
Pedestrian way shall mean a right-of-way easement dedicated to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
Plat shall mean the map or plan of a piece of land that indicates the location and layout of streets, easements and land areas for public or private ownership.
Replat shall mean any change in an approved or recorded plat which affects the location or layout of streets and easements.
Resubdivide shall mean any change in the division of a tract of block of land that affects any lot line or parcel boundary, including lot splitting, but excluding combined lots.
Right-of-way shall mean a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, utility line or pipe, water main sanitary or storm sewer main, or for another special use. A right-of-way is separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Right-of-way intended for any use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
Street shall mean a right-of-way dedicated to the public use, or a private right-of-way serving more than one (1) ownership which provides principal vehicular and pedestrian access to adjacent properties and is intended for general traffic circulation.
(1) Arterial street shall mean a major street, highway or roadway designated as such on the adopted major street plan.
(2) Collector street shall mean a street which collects traffic from local streets and is designated as a collector street on the city’s major street plan and may include the principal entrance streets of a residential development and streets for circulation within such development.
(3) Cul-de-sac shall mean a street having one (1) end open to traffic and being permanently or temporarily terminated by a vehicle turnaround.
(4) Frontage roads shall mean a minor street which is parallel and adjacent to an arterial or collector street and provides access to abutting properties.
(5) Local street shall mean a minor street which is not designated as an arterial or collector street, or state or federal highway.
(6) Major street shall mean any arterial or collector street as shown on the adopted city major street plan and all state or federal highways in the city.
Subdivision shall mean the division of a tract or block of land into two (2) or more lots or parcels for the purpose of sale, transfer of ownership or building development.
Zoning ordinance shall mean the zoning ordinance of the city, as set out in Chapter 27 of this Code, which regulates the use of land, density of development, height or structures, building setback and open space requirements within various districts of the city.
(Ord. No. 1814, § 2(2.2), 9-12-77)
Cross reference – Definitions and rules of construction generally, § 1-2.
State law reference – Streets, subdivisions defined, RSMo 89.300(2), (3).
Sec. 21-3. Jurisdiction.
(a) All plats or replats of land hereafter made within the city limits shall be prepared by the developer, presented to the planning and zoning commission for approval, submitted to the city council for acceptance and endorsement, and filed with the county recorder for official record as prescribed in this chapter.
(b) The regulations contained into this chapter shall also apply to the subdivision or resubdivisions of land into lots and parcels. Division of land for agricultural purposes in parcels or tracts of land of five (5) acres or more, and not involving any new streets or easements of access, shall be exempt from the requirements of these regulations.
(Ord. No. 1814, § 2(1.3), 9-12-77)
State law reference –Procedure for approval or disapproval of plats, RSMo 89.400, 89.420, 89.430.
Sec. 21-4. Building permits.
No building permit shall be issued for any structure that is located upon a lot in an area that has not been subdivided, unless approved in the manner as provided for in these regulations. This shall not apply to subdivisions or lots of record which were platted prior to the adoption of this chapter. Lots described by metes and bounds which were in existence prior to September 12, 1977, may be used in a manner permitted by the zoning ordinance applicable to the area in which such lots are located without regard to provisions of this chapter prohibiting such use without subdivision thereof.
(Ord. No. 1814, § 2(8.2), 9-12-77; Ord. No. 1988, § 1, 7-9-79)
Cross reference – Building code, § 6-16 et seq.
Sec. 21-5. Variances and exceptions.
Whenever it is found that the land included in a subdivision or plat presented for approval is of such size or shape or requested by the developer is of such topographic condition that full conformity to the provisions of these regulations is impossible or is impractical, the planning and zoning commission may recommend to the city council by letter that the council authorize a variance or exception in the final plat so that substantial justice may be done and the public interest secured. In recommending such variance or exception, the planning and zoning commission must find that:
(1) There are special physical conditions affecting property;
(2) The variance or exception is necessary for the reasonable and acceptable development of the property in question; and
(3) The granting of the variance or exception will not be detrimental to the public welfare or injurious to adjacent property and will not annul the intent and purpose of these regulations.
(Ord. No.1814, § 2 (8.1), 9-12-77)
Sec. 21-6. Survey corrections.
If areas that have not been subdivided and substantially developed are resurveyed to correct apparently erroneous surveys the facts of the new survey must be reported to the director of public works for recording by the city clerk. If the land is still not substantially developed changes resulting from resurveys should be reported through the resubdivide procedures under section 21-54.
Secs. 21-7—21-25. Reserved
ARTICLE II. DESIGN STANDARDS*
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*State law reference – Municipal authority to regulate size, location and use of buildings, etc., to promote health, safety, morals or general welfare of community, RSMo 89.020.
Sec. 21-26. Purpose.
If quality of design of the urban area is dependent on the quality of design of the individual plats and subdivisions that compose it. Therefore, the design of each plat shall be prepared in accordance with the objectives established by the adopted city plan for land use, traffic circulation and utility services. The arrangement of lots and blocks and the street system shall be designated to make the most advantageous use of existing topography and natural physical features including tree masses and large individual trees. Adjacent properties should be considered in the plat design and shall not be landlocked.
(Ord. No. 1814, § 2 (3.1), 9-12-77)
Sec. 21-27. Blocks.
(a) Length. Intersecting streets, which determine block lengths, shall be provided at such intervals as to provide adequate access and to meet existing streets in the neighborhood. In residential districts, where no existing plats are recorded, the blocks shall not exceed one thousand two hundred (1,200) feet in length except where topographical or other conditions justify a departure from this maximum. In blocks longer than eight hundred (800) feet, pedestrian ways or easements thought the block may be required near the center of the block by the planning and zoning commission. Such pedestrian ways or easements shall have minimum width of ten (10) feet. Blocks for business use should normally not exceed six hundred (600) feet in length.
(b) Widths. Residential plats, interior blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted for exterior blocks which border the plat boundary or blocks adjacent to major streets, railroads or waterways. Blocks intended for commercial or industrial use shall be of such width and depth as may be considered most suitable for the prospective business.
(c) Large blocks. When a tract is platted for subdividing into larger than normal building lots and blocks, such parcels shall be so arranged as to permit the logical platting with provisions for adequate easements for streets and utilities.
(Ord. No. 1814, § 2 (3.2) 9-12-77)
Sec. 21.28. Streets.
(a) Major streets. Arterial and collector streets through plats shall conform with the city’s major street plan. Wherever a plat abuts or is divided by a major street, designated by the city plan whether any part thereof has or has not been dedicated or used by the public, the developer shall dedicate any lands within such plat which are necessary to provide conformity with the major street plan. Such dedication shall be shown on the plat, and the developer shall receive no compensation for such dedication.
(b)Local streets. Local streets shall be so designated to provide access to each lot or parcel of land and in a manner that will discourage use by through or non-local traffic.
(c) Cul-de-sacs. Cul-de-sacs shall normally be no longer than five hundred (500) feet, and shall terminate in circular paved space having a minimum radius of thirty-seven and one-half (37 ½) feet to outside of pavement or curb.
(d) Right angle intersections. Under normal conditions, streets shall be laid out to intersect, as nearly as possible, at right angles. Where topographically or other conditions justify a variation form the right angle intersection, the minimum angle shall be sixty (60) degrees.
(e) Frontage roads. Whenever a plat abuts or contains an existing or proposed major street, railroad or nonresidential land use, the planning and zoning commission may require frontage roads, screen plantings, deep lots or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
(f) Half-streets. Dedication of half-streets will not be approved, except where it is in conformity with the approved major street plan and is essential to the reasonable development of the plat.
(g) Minimum dimensions. All streets included in any plat, hereafter dedicated and accepted, shall not be less than the minimum dimensions for each classification as follows:
Street Classification ROW Width Pavement (B-B) Lanes Pavement Surface/ Asphalt Base Curb Type Sidewalk Parking
Arterial – 5 Lanes 80 64 5 2-9 CG-1 Both No
Sides
Arterial – 4 Lanes 70 50 4 2-9 CG-1 Both No
Sides
Collector 60 40 3 2-7 CG-1 Both May
Sides
Local commercial 50 28 2 2-7 CG-1 One side No
Local 50 28 2 2-6 CG-2 One side 1 Side
Cul-de-sac 50 28 2 2-6 CG-2 One side 1 Side
Turnaround Radius 50 39 n/a 2-6 CG-2 One side May
(h) Street grades. The grades of streets included in any plat shall not be greater than eight (8) percent.
(i) Street alignment. Minimum horizontal and vertical alignment on all streets, except in unusual cases, shall be as follows:
(1) Horizontal alignment – Radii at the centerline:
Major streets – 300 feet.
Local streets – 100 feet.
A tangent shall be provided between all reversed curves to provide for a smooth flow of traffic.
(2) Vertical alignment. All changes in street grade shall be connected by vertical curves of such length
as to provide for desirable sight distance.
(j) Street jogs. Street with centerline offsets of less than one hundred fifty (150) feet shall be avoided.
(k) Street names. Street names shall not duplicate or be similar so as to be confused for the names of existing streets. Streets that are obviously in alignment with existing streets shall bear the same names.
(l) Adjoining street systems. If, where the plat to be submitted includes only part of the tract owned or intended for development by the developer, a tentative plan of a proposed future street system for unplatted portion shall be prepared and submitted by the developer. Where it is obvious a street from another development should continue across the planned development the plan shall provide for continuation of this street through the development.
(Ord. No. 1814, § 2(3.3), 9-23-77; Ord. No. 3418, § 1, 3-22-99)
Cross reference – Streets, sidewalks and other public places, Ch. 20.
State law reference – Municipal authority to coordinate subdivision streets with existing streets to provide adequate space for traffic, recreation, light and air, RSMo 89.410(1), municipal authority to regulate grading and improving streets, RSMo 89.410(2).
Sec. 21-29. Alleys.
Alleys shall be provided in commercial and industrial districts, except that the requirements may be waived where other definite and assured provisions are made for service access to off-street loading and unloading areas and to off-street parking areas, consistent with and adequate for the uses proposed. Dead end alleys shall be avoided wherever possible. Alleys may be required in certain residential areas. Alleys shall have a minimum width of twenty (20) feet.
(Ord. No. 1814, § 2(3.4), 9-12-77)
Cross reference – One way streets and alleys, § 23-226 et seq.
Sec. 21-30. Easements.
Permanent utility easements shall be provided, other than along streets, through each block to logically serve every future lot or parcel. When utility easements cross streets they shall align for at least fifty (50) feet on either side of the street right-of-way. All utility easements shall be at least fifteen (15) feet wide. Utility easement requirements may be waived by the planning and zoning commission when alleys are provided for the placement of utility services.
(Ord. No. 1814, § 2(3.5), 9-12-77)
Cross reference – Utilities, Ch. 24.
Sec. 21-31. Drainage ways.
(a) Drainage easements shall be required in addition to other easements, where a plat is crossed by a water course, drainage channel or stream. When the natural drainage area in and above the plat is eighty (80) acres or larger, drainage ways shall be provided by the developer. The drainage easement shall include all land within the plat that has an elevation below the one hundred (100) year maximum flood elevation. The run-off shall be calculated at a rate equal to the total urban development of the drainage area.
(b) Where surface drainage on residential lots is necessary, easements shall be provided and the city may require installation of pipe, masonry or rip-rap flumes, or such other protective devices in order that adjacent or surrounding property or the welfare of the public shall not be endangered and maintenance will be kept at a minimum.
(Ord. No. 1814, § 2(3.6), 9-12-77)
Sec. 21-32. Parks.
All developers are urged to consider the dedication of land for park, recreation and public use. When the city plan indicates a park, playground or school in a proposed plat, the developer shall duly consider the public needs and reserve such sites until the appropriate public boards have had an opportunity to negotiate terms of purchase, trade, dedication or any combination thereof with the developer.
(Ord. No. 1814, § 2(3.7), 9-12-77)
Cross reference – Parks and recreation, Ch. 15.
State law reference – Municipal authority to provide for the dedication, reservation or acquisition of lands and open spaces necessary for public use, RSMo 89.410(1)
Sec. 21-33. Lots.
(a) Every lot shall be designed to provide a satisfactory and desirable building site and shall abut on a street and a utility easement. In a planned unit development, each lot shall be granted access to a public street through the common property. Utility easements shall be provided as necessary for each lot in the development.
(b) The minimum lot width shall be fifty (50) feet; except where additional width is required either by the zoning regulations of the lack of the lack of public utilities (water or sewer), or a corner lot where a front yard is required on both streets.
(c) The minimum lot depth shall be one hundred (100) feet, except where additional depth is required either by the zoning regulations or the lack of public utilities, water or sewer.
(d) Minimum area shall be subject to the zoning regulations of the district in which the subdivision is located, and by the following utility service requirements:
(1) In subdivisions where septic tank or other individual sewerage disposal devises are to be installed, the size of all lots shall be determined by soil percolation test, but in no cases shall lots be less than one-half acre in size. The percolation tests shall be made by a registered professional engineer and in conformance with standards of the state department of natural resources. The lots shall be so proportioned as to permit future replatting consistent with good subdivision design.
(2) In subdivisions where water supply is by private wells, the size of all lots included in the subdivisions shall be a minimum of one-half acre said lots shall be so proportioned that future replatting will be consistent with good subdivision design.
(3) If the proposed subdivision is not served with a public water system or a public sanitary sewer system, and the sudivider proposes to use individual septic tanks and wells for the lots in the subdivision, the size of each lot shall be determined by soil percolation tests. The percolation tests shall be made by a registered professional engineer and in conformance with the state department of natural resources. In no case shall lot be less than two and one-half (2 ½) acres in size. The lots shall be so proportioned as to permit future replatting consistent with good subdivision design.
(e) All side lot lines shall bear sixty (60) to ninety (90) degrees from the street right-of-way line on a straight street or from a perpendicular of the tangent of a curved street.
(f) Corner lots, in residential subdivisions, shall have additional width or depth in order that the same setback on both streets may be observed.
(g) Double frontage lots shall be avoided unless, in the opinion of the planning commission, a variation to this rule will give better street alignment and lot arrangement.
(h) Residential lots shall front upon local streets or frontage roads rather than major streets whenever possible.
(i) Building or setback lines shall be shown on the preliminary and final maps for all lots in the subdivision and shall not be less than the setback required by the zoning ordinance.
(j) The subdivisions or resubdivisions of a tract, bloc or lot shall not be permitted where it would create a lot or parcel, or place an existing structure in violation of the requirements of the zoning ordinance.
(Ord. No. 1814, § 2(3.8), 9-12-78; Ord. No. 3272, § 1, 11-10-97)
State law reference – Municipal authority to regulate setback lines, RSMo 89.480.
Secs. 21-34 – 21-50. Reserved.
ARTICLE III. PLAT PREPARATION AND APPPROVAL PROCEDURES
DIVISION 1. GENERALLY
Sec. 21-51. Purpose.
The article is intended to avoid confusion or undue hardships for either the developer or the planning and zoning commission during the platting process. A step-by-step procedure for platting and subdividing land is outlined for the developer and the planning and zoning commission.
(Ord. No. 1814, § 2(7.1), 9-12-77)
Sec. 21-52. Land division.
(a) A landowner with a parcel of land, platted or unplatted, who desires to split the parcel into two (2) or more tracts, any one (1) of which is less than five acres, must plat and obtain plat approval.
(b) All plats which have not received approval in the preliminary stage, as set forth herein, or previously recorded, at the time of passage of this chapter shall be subject to all of its provisions.
(Ord. No, 1814, § 2(1.5), 9-12-77)
Sec. 21-53. Pre-application procedure.
(a) Purpose. The purpose of the pre-application procedure is to provide for an informal review of a proposed subdivision with the developer and appropriate city officials. This informal review will give the developer an opportunity to become familiar with plat and subdivision regulations and to secure guidance as to what will be required before incurring substantial expense in making detailed plans.
(b) Pre-application conference. A developer contemplating the development of a new subdivision will request a pre-application review conference with the city subdivision review team. The subdivision review team shall consist of the city manager, the director of public works, the building official, the fire chief and the city’s planning advisor.
(c) Proposed plat. The developer should prepare and bring to the conference a rough sketch of the proposed subdivision together with notations as to the following principal features of the location:
(1) General reference to boundaries of proposed subdivision;
(2) General topographic conditions, including highest and lowest points, natural drainage ways, streams and water bodies;
(3) Forest or wooded areas;
(4) Existing buildings;
(5) Proposed street layout;
(6) General location and types of land uses to be developed.
(Ord. No. 1814, § 2(7.2), 9-12-77)
Sec. 21-54. Plat and subdivision procedure.
The steps contained in this section shall be followed for all subdividing, resubdividing, platting and replatting of land in the city.
Step 1. The developer shall file the following with the director of public works:
(1) Eight (8) copies of the preliminary plat as described by these regulations;
(2) A filing fee as set by resolution of the city council;
(3) A formal irrevocable offer of the owner for dedication to public use of all streets, alleys, parks, public lands, shown thereon, and the granting of all easements required.
(4) A statement on the plat which states that when the city accepts the street right-of-way shown on the plat as property, the city is under no obligation to improve the streets or to accept the streets for public maintenance.
Step 2. The director of public works will advise the city manager, the board of parks and recreation, the school board or administration, the electric gas and water utilities and the planning consultant, of the proposed subdivision, requesting their review and comments.
Step 3. The planning and zoning commission at the next regular meeting occurring seven (7) days or more after the preliminary plat, filing fee, dedication, etc, is filed shall consider the plat. The commission shall arrive at a decision on the preliminary plat within sixty (60) days of the first meeting, except the commission with the consent of the developer may extend the sixty-day period.
(1) If approved by the commission, the plat shall be sent to the city council for tentative approval and acceptance by the city of the dedication to public use of any street and public ground shown on the plat; or
(2) If approved with conditions, the developer shall revise the preliminary plat to conform to such conditions, then proceed with Step 3(1); or
(3) If the commission cannot reach a decision within the time period, the developer may proceed to Step 4; or
(4) If disapproved, the commission shall provide a written statement to the developer stating the grounds for disapproval addressing:
a. Plat subdivision requirements;
b. Current zoning requirements;
c. The major street plan, as adopted;
d. The intent of the adopted city plan;
e. Other pertinent considerations.
Step 4. The city council shall review all preliminary plats completing Step 3(1) or stalled at Step 3(3), may tentatively approve the preliminary plat. The tentatively approved plat constitutes an acceptance of the plat including rights-of-way for streets, alleys, easements, drainage ways and land dedicated for public use, but does not include improvements such as utilities, street paving or the proposed subdividing of blocks into lots.
Step 5. The developer shall proceed with the preparation of the final subdivision plat. The developer may begin construction of the plat improvements.
Step 6. The developer file the following with the director of public works;
(1) The original drawing and five (5) copies of the final subdivision plat or proposed subdivision drawing at the one (1) inch equals one (100) foot scale;
(2) A copy of all subdivision covenants;
(3) A filing fee as set by resolution of the city council.
Step 7. Prior to approval of the final plat by the city council, the developer shall agree in writing, in a form provided by the director of public works, which he will:
(1) Install the required improvements in accordance with city standards prior to being issued a building permit. The construction and installation of required improvements may be to each lot for which a building permit is requested; however, no building permit shall be issued for construction on any lot within any subdivision until construction and installation of required improvements have been completed within the subdivision for and to the lot for which the building permit is to be issued; or
(2) Provide a performance bond or escrow account, set up according to terms of the city, in an amount sufficient to ensure satisfactory construction, installation and dedication of the required improvements. If an escrow account is chosen by the developer, estimates of completed improvements may be presented to the city council together with a request for release of funds in the amount of completed improvements. Upon certification by the director of public works that such improvements have been completed to city standards and specifications, the city council may release that portion of funds in the escrow account. Before final withdrawal of funds from the escrow account, the developer shall certify to the city that all bills have been paid for materials and work on the required improvements.
Building permits will be issued to any lot or area for which improvements have been completed or a performance bond or escrow account has been established. In those cases where a performance bond or escrow account has been posted and the required improvements have not been installed within two (2) years, the city may thereupon declare the developer to be in default and require that all improvements be installed regardless of the extent of the building development at the time of default.
Step 8.The planning and zoning commission shall consider the final subdivision plat or proposed subdivision at the next regular meeting occurring seven (7) days or more after the filing, and arrive at a decision within forty (40) days of the first meeting. The approval and the date thereof shall be shown on the drawing over the signature of the commission chairman. If disapproved, the commission shall state in writing the reasons for its disapproval and refer specifically to those parts of the city plan, the zoning ordinance or this chapter to which the plat or subdivision does not comply.
Step 9. The city council shall review the plat or subdivision and report of the planning and zoning commission, and may give its final approval of the subdivision and acceptance of streets and improvements. The approval of the final subdivision plat shall be shown over the signature of the mayor and attested to by the city clerk on the original drawing. After approval, the city clerk shall file the plat with the county recorder’s office. The recording fee shall be paid by the city and the city shall provide as many copies of the filing certification as requested by the developer.
(Ord. No. 1814, § 2(7.3, 7.4), 9-12-77; Ord. No. 3960, §§ 1, 2, 11-8-04)
State law reference – Commission to make recommendation to council on plats, RSMo 89.400, municipal authority to accept bond in lieu of completion of subdivision improvements, RSMo 89.410(2), commission to approve plats, RSMo 89.420; commission approval does not constitute acceptance by municipality or public, RSMo 89.430; plats to be accepted by council, acknowledged and recorded, RSMo 445.030.
Sec. 21-55. Minor subdivisions of land.
(a) If a proposed subdivision of land does not contain more than three (3) lots, each of which have frontage on existing streets, not involving any new street or road or the extension of municipal facilities, or the creation of any public improvements and not adversely effecting development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the city plan, major street plan, zoning ordinances or otherwise within these regulations, the owner may proceed with the minor subdivision procedure, thus circumventing the normal requirements for subdividing as outlined in this chapter
(b) The applicant shall be required to submit the items set forth in Step 1 of section 21-54 to the public works director for review by the city’s subdivision review team.
(c) The city subdivision review team shall review the proposed minor subdivision for conformance with the applicable subdividing and zoning regulation and for the possible effect of the proposed subdivision on any approved plan.
(d) The public works director shall within fourteen (14) days of the filing of the application, approve, approve conditionally, or reject the minor subdivision proposal. The applicant shall be notified in writing of the action taken by the city subdivision review team. If the application is approved, the applicant shall move to Step 6 of section 21-54 for the final plat procedure. When conditional approval is granted, the conditions imposed shall be complied with prior to being approved for submission as a final plat. If the application is rejected, the applicant must proceed through the plat preparation and approval procedures otherwise applicable.
(Ord. No. 2401, § 1, 5-9-88)
Secs. 21-56 – 21-65. Reserved.
DIVISION 2. PRELIMINARY PLAT
Sec. 21-66. Purpose.
The preliminary plat is intended to assist the planning and zoning commission in understanding the relationship of the proposed plat to the surrounding area. The preliminary plat shall also be used by the commission to assure that the proposed street pattern and land use will conform to the city plan, the zoning ordinance and other local standards.
(Ord. No. 1814, § 2(5.1), 9-12-77)
Sec. 21-67. Contents.
The preliminary plat shall be drawn at a scale of one (1) inch equals one hundred (100) feet or larger. The size of the sheet shall be twenty-two (22) inches by thirty-six (36) inches. If more than one (1) sheet is used they shall be numbered in the sequence. The preliminary plat shall contain the following information:
(1) The name of the plat, city, county, state and the location and description of the plat referenced to section, range and township;
(2) The date of the map, true north point, scale, the name and address of the owner or owners of land to be platted, the name and address of the developer if other than the owner and the name of the land surveyor or registered engineer preparing the plat;
(3) A certificate for release of mortgage by all parties holding title or having any title interest in the land being platted or consenting to the preparation of the plat as submitted and a certificate that all taxes against the property have been paid in full;
(4) The location and description of all section corners and permanent survey monuments in or near the plat, shall be referenced with the plat boundary dimensioned in feet and decimals fractions thereof or meters with true bearings and angles dimensioned in degrees and minutes other information necessary to reproduce the plat on the ground;
(5) Contours referenced to United States Geological Survey bench marks with intervals sufficient to determine the character and topography of land to be platted but in no event shall the vertical intervals be more than ten (10) feet apart, nor required to be less than two (2) feet apart;
(6) The general location and type of land uses to be developed in the proposed plat shall be noted along with the existing buildings and other pertinent features;
(7) the location, width and dedication of all rights-of-way for streets, alleys, easements and land reserved for public uses including parks, schools, churches, etc.;
(8) The names of all proposed streets;
(9) The location, type, size, etc., of all improvements including references markers, sanitary sewers, water lines and hydrants, streets, sidewalks, street signs, street trees and storm sewer drains;
(10) The grades and profiles of existing streets and plans or written and signed statements regarding the grades of proposed streets, the width and type of pavement and the location and specifications for street under-drains;
(11) The location and width of all drainage ways and the one hundred (100) year high level water line.
(Ord. No. 1814, § 2(5.2), 9-12-77)
State law reference – Plat, how drawn, shall show what. RSMo445.020.
Sec. 21-68. Surrounding area to be shown.
The preliminary plat shall also show all existing development and improvements within three hundred (300) feet of the proposed plat which shall include:
(1) Streets, improved or platted;
(2) Buildings;
(3) Utilities, such as sanitary sewers, water, electricity, etc.;
(4) Land use including parking lots;
(5) Sidewalks;
(6) Property owners names of unplatted tracts or subdivision names, blocks and lots of platted lands;
(7) Natural drainage ways.
(Ord. No. 1814, § 2(5.3), 9-12-77)
Sec. 21-69. Additional information required when subdividing.
If the developer wishes to subdivide all or part of the plat and begin private development, the preliminary plat shall also contain the following information:
(1) The location and dimensions of all existing lots and parcels;
(2) The location and dimensions of proposed lots which shall be numbered consecutively per block;
(3) The street address numbers of all lots which shall be approved by the director of public works;
(4) The building set back lines as determined from the zoning ordinance.
(Ord. No. 1814, § 2(5.4), 9-12-77)
Secs. 21-70 – 21-85. Reserved.
DIVISION 3. FINAL PLAT
Sec. 21-86. Purpose.
The final subdivision plat is intended to be the official plat which is legally recorded in the county recorder’s office.
(Ord. No. 1814, § 2(6.1), 9-12-77)
Sec. 21-87. Contents.
(a) The final subdivision plat shall be neatly drawn in ink on tracing cloth or mylar or it may be a neat drawing of ink quality on suitable reproductable material. The size of the sheets shall be twenty-two (22) inches by thirty-six (36) inches. If more than one (1) sheet is used they shall be numbered in sequence and the first sheet shall contain a key map.
(b) All plats shall be drawn to a scale of one (1) inch equals one hundred (100) feet or larger.
(c) The final subdivision plat shall contain all the same information as required on the preliminary plat as well as:
(1) The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all monuments shown;
(2) The subdivision of private land contained in the plat showing the size, location and numbering of all plats and the street address numbers approved by the director of public works;
(3) Private restriction and covenants and their periods of existence, if any. Should these restrictions or covenants be of such length as to make their lettering one the plat impracticable, and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.
State law reference – Plats, how drawn, shall show what, RSMo 445.020.
Sec. 21-88. Subdivisions and resubdivisions.
(a) All subdivisions and resubdividing shall be neatly drawn on material suitable for reproducing. All drawings shall be drawn to a scale of one (1) inch equals one hundred (100) feet and contain:
(1) The name and address of the developer;
(2) The name of the plat and block number or letter in which the subdivision is located;
(3) The location of all easements, rights-of-way and existing buildings;
(4) The proposed location of all lot lines dimensioned in feet and decimal fractions thereof or meters;
(5) The proposed location and angles of all lots corners dimensioned in degrees and minutes;
(6) A certificate of a supervisor attesting to the accuracy of the drawing;
(7) The lot number and street address number of the proposed lots approved by the director of public works.
(b) Subdividing may enter the administration procedure at Step 6, found in section 21-54, if plats are in an existing plat of record.
(Ord. No. 1814, § 2(6.3), 9-12-77)
Sec. 21-89. Official recording.
(a) No plat or subdivision within the city shall be filed or recorded in the office of the county recorder until it has been approved by the planning and zoning commission, accepted and endorsed by the city council, and filed with the county recorder by the city clerk.
(b) All plats not filed by the city clerk shall not be official plats of the city.
(Ord. No. 1814, § 2(1.4), 9-12-77)
State law reference – Approval of plats required for recording, RSMo 89.440.
Sec. 21-90—21-100. Reserved.
ARTICLE IV. IMPROVEMENTS*
Sec. 21-101. Purpose.
(a) The platting of land is the first step in the process of community building. As open spaces become developed with homes and businesses the need for streets, utilities and community services becomes important to maintain the quality of urban living. Since the value of land increases in relation to the intensity of urbanization, it is realistic the developer provide the needed improvements for the area.
(b) All improvements shall be designed and installed according to the specifications and minimum standards of the controlling utility company or public agency.
(Ord. No. 1814, § 2(4.1), 9-12-77)
Sec. 21-102. Reference markers.
(a) All plat boundary corners and the four (4) corners of all street intersections shall be marked with permanent monuments. A permanent monument shall be a minimum of three-quarter-inch by thirty-inch steel pin, set in concrete, except that monuments at street intersections need not be set in concrete. Should conditions prohibit the placing of monuments on the line, offset marking will be permitted, provided, however, that exact offset courses and distances are shown on the plat.
(b) All boundary corners shall be appropriate marked before any building permits will be issued.
(c) A permanent bench mark shall be accessible placed and accurately noted on the plat, the elevation of such bench mark to be based on the United States Geological Survey datum.
(Ord. No. 1814, § 2(4.2), 9-12-77)
*Cross reference-Street improvements, §20-121 et seq.
State law reference-Regulations concerning improvements, RSMo 89.380, 89.460 et seq.
Sec. 21-103. Streets.
All streets shall conform to the standard construction specifications as approved by the city council by resolution from time to time. Copies of said specifications shall be kept on file in the office of the city clerk.
(Ord. No. 1814, § 2(4.6), 9-12-77; Ord. No. 2253, § 5, 11-12-85; Ord. No. 3418, § 2, 3-22-99)
Cross reference – Streets, sidewalks and other public places. (Ch. 20.)
Sec. 21-104. Street signs.
The developer shall install street name signs in accordance with the specifications of the city requirements as approved by the director of public works.
(Ord. No. 1814, § 2(4.8), 9-12-77)
Cross reference – Streets, sidewalks and other public places, Ch. 20; traffic and motor vehicles, Ch. 23.
Sec. 21-105. Sidewalks.
Concrete sidewalks shall be constructed along at least one (1) side of every local street shown on the plat, around the entire perimeter of the terminal end of the cul-de-sacs, and along both sides of all major streets. The city may require the construction of sidewalks within the proposed subdivision to connect with existing or proposed sidewalks in areas adjacent to the plat where such sidewalks are needed for pedestrian circulation. Sidewalks shall be four (4) feet wide with four (4) inches of concrete and reinforced with wire mesh at driveway crossings.
(Ord. No. 1814, § 2(4.7), 9-12-77; Ord. No. 2978, § 1, 11-14-94)
Cross reference – Streets, sidewalks and other public places. Ch. 20.
Sec. 21-106. Landscaping.
The developer shall grade, seed and plant in an appropriate manner, to reduce erosion, all landscaped strips, parkways, buffer screened areas and open drainage areas dedicated to the public.
(Ord. No. 1814, § 2(4.9), 9-12-77)
Sec. 21-107. Sanitary sewers.
(a) The developer shall provide direct access to the municipal sanitary sewerage system for each subdivided lot prior to the issuance of a building permit, unless a private sewage disposal system is permitted under the provisions of subsection (b).
(b) A permit for the construction of a private sewage disposal system within the municipal boundaries may be obtained if each of the following criteria are established:
(1) Access to the municipal sewage disposal system, as it exists on the date of application, must be not less than one thousand (1,000) feet from the closest property line of the property being served; and
(2) the property is zoned R-1 and the building permit application is for a single-family residence; and
(3) The minimum lot size must be not less than two (2) acres, and the total number of lots in the subdivision must be three (3) or less; and
(4) The owner must submit to the city staff a report, prepared by a licensed professional engineer, reflecting the percolation test results, and the drainage and loading requirements for the proposed septic system; and
(5) The city staff shall then prepare a report on the proposed use and the existing situation in the immediate area surrounding the proposed private sewage disposal system, and present same to the planning and zoning commission who shall conduct a public hearing and present its recommendations to the city council. If the city council finds that each of the criteria have been satisfactorily established and no significant negative impact would occur to surrounding owners, it shall cause a permit for a private sewage disposal system to be issued.
(Ord. No. 1814, § 2(4.3), 9-12-77; Ord. No. 2253, § 6, 11-12-85; Ord. No. 2839, § 1, 4-26-93; Ord. No. 2869, § 1, 8-23-93)
Sec. 21-108. Storm sewers.
Adequate storm drainage facilities shall be provided to prevent the collection of surface water on any streets, cul-de-sac ends, or in any low spots in the plat and to maintain a natural water course. All storm water drainage system shall be separate and independent of the sanitary sewer system.
(Ord. No. 1814, § 2(4.5), 9-12-77)
Cross Reference-Sewers, § 24-16 et seq.
Sec. 21-109. Sewer stubs.
The developer shall install sewer stubs to all individual lots before curbing, guttering and paving are completed.
(Ord. No. 1814, § 2(4.10), 9-12-77)
Cross reference – Sewers, § 24-16 et seq.
Sec. 21-110. Water lines and fire hydrants.
The developer shall install water lines and fire hydrants in his plat. Installation shall be in accordance with the specifications and policies governing water line construction in the city.
(Ord. No. 1814, § 2(4.4), 9-12-77)
Cross reference – Fire prevention and protection, Ch. 10; utilities, Ch. 24.
Sec. 21-111. Other utilities services.
Other underground utility services shall be installed by boring under the pavement and curb when needed so that tearing up the pavement will be avoided.
(Ord. No. 1814, § 2(4.11), 9-12-77)
Cross reference – Utilities, Ch. 24.
Sec. 21-112. Inspections.
The city is entitled to conduct inspections of construction as deemed necessary.
(Ord. No. 1814, § 2(4.12), 9-12-77)
Sec. 21-113. Acceptance of improvements by city.
Upon completion of the project and installation of all improvements to minimum city specifications, as certified by the director of public works and the building official, the developer may dedicate the streets and sewers to the city for its use in public maintenance.
The developer shall execute and deliver to the city an agreement whereby the developer agrees to indemnify the city in the full amount of the cost of repair or replacement of any defects attributed to workmanship or materials which appear within a period of one (1) year from and after acceptance by the city.
Additionally, the developer must provide the city with one (1) of the following forms of surety on his personal indemnity; (a) a corporate surety maintenance bond in amount equal to the cost of the improvements; or (b) a pledge agreement, in a form acceptable to the city, pledging cash or securities in an amount not less than (10) percent of the total costs of the improvements. Either form of surety maintenance bond may be provided by a third party.
Any dispute arising in specification interpretation, or construction methods, shall be resolved by a registered professional engineer experienced in the dispute area, who is mutually acceptable to the city and the developer. The decision of the engineer shall be final and binding on both parties, and his fee shall be paid one-third (1/3) by the city, and two-thirds (2/3) by the developer.
(Ord. No. 1814, § 2(8.3), 9-12-77; Ord. No. 2368, § 1, 10-12-87)
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