[R.O. 1993 § 405.010; Ord. No.
1430 Art. I, 8-13-1968]
A.
This
Chapter shall be known, referred to and cited as "The Land Subdivision
Code of Charleston, Missouri."
B.
This
Chapter is to provide for the coordination of streets within subdivisions
with other existing or planned streets or with other features of the
Comprehensive Plan of Charleston, Missouri; for minimum requirements
of the preliminary and final plats; for minimum standards of physical
improvements in new subdivisions for adequate open spaces for traffic,
recreation, light and air; and for a distribution of population and
traffic for the health, safety, and general welfare of the community.
[R.O. 1993 § 405.020]
The provisions of this Chapter shall not apply to any property
subdivided and upon which buildings have been built prior to August
8, 1968. Such property shall be subject to the Zoning Laws of the
City.[1]
[R.O. 1993 § 405.030; Ord. No.
1430 Art. II, § 1, 8-13-1968]
For the purpose of this Chapter, certain words and terms are
herewith defined; the singular includes the plural and the plural
includes the singular; the word "shall" is mandatory and not directory.
A line on plat between which line and a street, no building
or structure may be erected.
The Comprehensive Plan made and adopted by the Planning Commission
indicating the general locations recommended for the streets, parks,
public buildings, zoning districts and all other public improvements.
A minor street with only one (1) outlet and culminated by
a turnaround.
A street intended to serve as a major traffic-way and designated
as a major street in the Comprehensive Plan.
A street intended to serve the local needs of an area and
not designated as a major street in the Comprehensive Plan.
The division of a lot, tract, or parcel of land into two
(2) or more lots, or other divisions of land into parcels of one (1)
acre or less in area, or the dedication of streets, ways, or other
areas for the use of the public. The sale or transfer of land of one
(1) acre or more is exempted from recording a plat but shall be certified
by the City Planning Commission.
[R.O. 1993 § 405.040; Ord. No.
1430 Art. III, 8-13-1968]
A.
It
shall be unlawful for any person being the owner, agent, or person
having control of any land within the City of Charleston, Missouri,
to subdivide or lay out such land in lots unless by a plat, in accordance
with the regulations contained herein. No lots shall be sold nor any
plat recorded until such plat has been approved as herein provided.
B.
The subdivider shall submit preliminary plans in accordance with specifications of Section 405.060 hereof. A preliminary plan shall first be submitted to the Planning Commission for approval. After the preliminary plans are approved by the Planning Commission in accordance with this Chapter, such preliminary plans shall be submitted to the City Council for its approval or disapproval.
C.
Following approval of the preliminary plan, the subdivider shall install the minimum improvements, or furnish a bond to cover the cost of the improvements, in accordance with Section 405.070 hereof. Upon approval of improvement installations or arrangement therefor, the final plat shall be submitted to the Planning Commission and City Council in accordance with the provisions of Section 405.080 hereof.
[R.O. 1993 § 405.050; Ord. No.
1430 Art. IV, §§ 1-5, 8-13-1968; Ord. No. 1994 § 1, 10-14-1980; Ord. No. 2364 § 2, 6-9-1998]
A.
Relation
To Adjoining Street System. The arrangement of streets in new subdivisions
shall make provisions for the continuation of the principal existing
streets in adjoining areas (or their proper projection where adjoining
land is not subdivided), insofar as they may be deemed necessary by
the Commission for public requirements. Offset streets should be avoided.
The angle of intersection between minor streets and major streets
should not vary by more than ten degrees (10°) from a right angle.
Streets obviously in alignment with existing streets shall bear the
names of the existing streets. All proposed street names shall be
checked against duplication of other street names. The widths and
locations of major streets shall conform to the widths and locations
designated on the Comprehensive Plan.
B.
Design
Standards.
The following shall be minimum design standards for subdivisions:
|
1.
|
(a)
|
Right of way with utilities located in right of way
|
Secondary Streets
|
-
|
50 ft.
|
|
Primary Streets
|
-
|
60 ft.
| |||
|
(b)
|
Right of way with no utilities in right of way
|
Secondary Streets
|
-
|
38 ft.
| |
|
Primary Streets
|
-
|
48 ft.
|
|
For Rights of Way
| ||||
|---|---|---|---|---|
|
Low-Density Area - Over 20,000 sq. ft. per unit
|
Medium-Density Area - 6,000 to 20,000 sq. ft. per unit
|
High-Density Area - Less than 6,000 sq. ft. per unit
| ||
|
2.
|
Alley width if provided (ft.)
|
20
|
20
|
20
|
|
3.
|
Easements total (ft.)
|
20
|
20
|
20
|
|
4.
|
Maximum block length (ft.)
|
1,200
|
1,000
|
1,000
|
|
5.
|
Minimum block length (ft.)
|
500
|
500
|
500
|
|
6.
|
Maximum cul-de-sac length (ft.)
|
600
|
600
|
600
|
|
7.
|
Minimum cul-de-sac length (ft.)
|
40
|
50
|
50
|
|
For Improvements
| ||||
|---|---|---|---|---|
|
Low-Density Area - Over 20,000 sq. ft. per unit
|
Medium-Density Area - 6,000 to 20,000 sq. ft. per unit
|
High-Density Area - Less than 6,000 sq. ft. per unit
| ||
|
8.
|
Pavement width (ft.)
|
28
|
28
|
28
|
|
9.
|
Maximum grade (percent)
|
8
|
8
|
8
|
|
10.
|
Minimum sight distance (ft.)
|
150
|
150
|
150
|
|
11.
|
Minimum sidewalk width (ft.)
|
4
|
4
|
4
|
|
12.
|
Minimum sidewalk dist. from curb (ft.)
|
1
|
1
|
1
|
|
For Lots
| ||||
|---|---|---|---|---|
|
Low-Density Area - Over 20,000 sq. ft. per unit
|
Medium-Density Area - 6,000 to 20,000 sq. ft. per unit
|
High-Density Area - Less than 6,000 sq. ft. per unit
| ||
|
13.
|
Minimum building line (ft.)
|
30
|
30
|
30
|
|
14.
|
Minimum lot width at bldg. line (ft.)
|
80
|
75
|
50
|
|
15.
|
Minimum lot depth (ft.)
|
125
|
100
|
100
|
|
16.
|
Maximum lot depth (ft.)
|
3 times width
|
3 times width
|
3 times width
|
|
17.
|
Minimum average lot width for corner lots (ft.)
|
85
|
85
|
85
|
|
18.
|
Radius on corner lots (ft.)
|
20
|
20
|
30
|
C.
Character
Of Development.
1.
The Commission shall confer with the subdivider regarding the type
and character of development that will be permitted in the subdivision
and may agree with the subdivider as to certain minimum restrictions
to be placed upon the property.
2.
Deed restrictions or covenants should be included to provide for
the creation of a property owners' association or board of trustees
for the proper protection and maintenance of the development in the
future, provided, however, that such deed restrictions or covenants
shall not contain reversionary clauses wherein any lot shall return
to the subdivider because of a violation thereon of the terms of the
restriction or covenants.
3.
Where the subdivision contains sewers, sewage treatment plants, water
supply systems, park areas, street trees, or other physical facilities
necessary or desirable for the welfare of the area and which are of
common use or benefit and are not or cannot be satisfactorily maintained
by an existing public agency provision shall be made by trust agreement,
made a part of the deed restrictions acceptable to any agency having
jurisdiction over the location and improvement of such facilities,
for the proper and continuous maintenance and supervision of such
facilities.
D.
Parks,
School Sites, Etc. Where an area being subdivided includes lands proposed
to be used for parks or schools, under the duly adopted Comprehensive
Plan of the City and environs, the subdivider shall not plat such
lands as a part of the subdivision plat, and shall confer with the
appropriate public agency regarding the time, method, and amount of
payment for the agency to acquire the land. If no agreement has been
reached upon the acquisition of the area within two (2) years from
the date of the submission of the final plan, the subdivider may then
plat the balance of the area.
E.
Easements
Along Streams. Whenever any stream or important surface drainage course
is located in an area which is being subdivided, the subdivider shall
provide adequate easements along each side of the stream for the purpose
of widening, deepening, sloping, improving, or protecting the stream
or drainage course.
[R.O. 1993 § 405.060; Ord. No.
1430 Art. V, §§ 1-3, 8-13-1968]
A.
Whenever any person desires to subdivide land, he/she shall submit three (3) copies of the preliminary sketch plan conforming to the requirements of Section 405.050 to the Planning Commission before submission of the final plat.
B.
The
preliminary plan shall show:
1.
The location of present property lines, streets, buildings, watercourses,
tree masses, and other existing features within the area to be subdivided
and similar information regarding existing conditions of land immediately
adjacent thereto.
2.
The proposed location and width of streets, alleys, lots, buildings
and setback lines and easements.
3.
Existing sanitary and storm sewers, water mains, culverts, and other
underground structures within the tract or immediately adjacent thereto.
The location and size of the nearest water main and sewer or outlet
are to be indicated in a general way upon the plat.
4.
The title under which the proposed subdivision is to be recorded
and the name of the subdivider platting the tract.
5.
The names and adjoining boundaries of all adjoining subdivisions
and the names of recorded owners of adjoining parcels of unsubdivided
land.
6.
Contours with intervals sufficient to determine the character and
topography of the land to be subdivided, but in no case shall the
intervals be more than five (5) feet.
7.
North point, scale, and date.
8.
Grades and profiles of streets and plans or written and signed statements
regarding the grades of proposed streets, and the width and type of
pavement, location, size, and type of sanitary sewer or other sewage
disposal facilities; water mains and other utilities, facilities for
storm water drainage; and other proposed improvements such as sidewalks,
planting and parks, and any grading of individual lots.
C.
After
the preliminary plan has been approved by the Planning Commission,
it shall be submitted to the City Council for its approval or disapproval.
Approval of the preliminary plan by the City Council does not constitute
an acceptance or approval of the subdivision plat. One (1) copy of
the approved plan, signed by the Mayor, shall be retained in the office
of the City Clerk. One (1) signed copy will be given to the subdivider.
[R.O. 1993 § 405.070; Ord. No.
1430 Art. VI, §§ 1-6, 8-13-1968]
A.
Receipt
of the signed copy of the preliminary plan is authorization for the
divider to proceed with the preparation of the plans and specifications
for the following minimum improvements and with the preparation of
the final plat. Prior to the construction of any improvements required
or to the submission of a bond in lieu thereof, or to the provision
for any assessment for such construction, the subdivider shall furnish
the City Engineer all plans, information, and data necessary to determine
the character of said improvements. These plans shall be examined
by the City Engineer and will be approved, if in accordance with the
requirements of this Section. Following this approval, construction
can be started or the amount of a bond determined, or an assessment
provided for.
No final or official plat of any subdivision shall be approved
unless: As to street improvements, the subdivider agrees with the
City Council upon an assessment whereby the City is put in an assured
position to install said streets at the cost of the owners of the
property within the subdivision; or the improvements listed below
(except street improvements) have been installed prior to such approval;
or the subdivider file with the City Council a surety bond, a cashier's
check or a certified check upon a solvent bank located in the City
of Charleston conditioned to secure the construction of the improvements
listed below (except street improvements) in a satisfactory manner
and within a period specified by the City Council; such period not
to exceed two (2) years. No such bond or check shall be accepted unless
it is enforceable by or payable to the City in a 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.
The owner of a tract may prepare and secure approval of a preliminary
subdivision plan of an entire area and may install the above improvements
only in a portion of such area, but the improvements must be installed
in any portion of the area for which a final plat is approved for
recording; provided, however, that trunk sewers and any sewage treatment
plants shall be designed and built in such a manner that they can
easily be expanded or extended to serve the entire area.
1.
Permanent Markers.
a.
All subdivision boundary corners and the four (4) corners of all
street intersections shall be marked with permanent monuments. A permanent
monument shall be deemed to be concrete with a minimum dimension of
four (4) inches extending below the frost line, or steel pipe of at
least one (1) inch diameter firmly imbedded in concrete which extends
below the frost line. 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 subdivision
plat.
b.
A permanent bench mark shall be accessibly placed and accurately
noted on the subdivision plat, the elevation of such bench mark to
be based on the USGS data.
2.
Street Improvements. All street and public ways should be graded
to their full width, including side slopes, and to the appropriate
grade, and shall be surfaced with a thirty-one-foot width of surfacing
in accordance with applicable standard specifications of the City.
Such construction shall be subject to inspections and approval by
the City Engineer.
4.
Sanitary Sewers. Each lot within the subdivided area shall be provided
with a connection to a public sanitary sewer where reasonably accessible.
All connections and the subdivision sewer system shall comply with
regulations of the State Board of Health and shall be approved by
the City Engineer. When a public sewer system is not accessible, proper
provisions shall be made for the disposal of sanitary wastes as approved
by the State Board of Health.
5.
Drainage. All necessary facilities shall be installed sufficient
to prevent the collection of surface water in any low spot, and to
maintain any natural water course. Drainage facilities satisfactory
to the City Engineer shall be provided for the ends of all culs-de-sac
and dead-end streets.
6.
Street Lights. Street lights shall be installed in accordance with
City specifications and under the supervision of the City Engineer.
[R.O. 1993 § 405.080; Ord. No.
1430 Art. VII, §§ 1,2, 8-13-1968]
A.
The
final plat on tracing cloth and five (5) prints thereof, together
with copies of any deed restrictions where such restrictions are too
lengthy to be shown on the plat, shall be submitted to the City Council.
The final plat is to be drawn at a scale of not more than one hundred
(100) feet to the inch from an accurate survey and on one (1) or more
sheets whose maximum dimensions are eighteen (18) inches by twenty-four
(24) inches. If more than two (2) sheets are required, an index sheet
of the same dimensions shall be filed showing the entire subdivision
on one (1) sheet and the areas shown on other sheets.
B.
The
final plat shall show:
1.
The boundary lines of the area being subdivided with accurate distances
and bearings.
2.
The lines of all proposed streets and alleys with their widths and
names.
3.
The accurate outline of any portions of the property intended to
be dedicated or granted for public use.
4.
The line of departure of one (1) street from another.
5.
The lines of all adjoining property and the lines of adjoining streets
and alleys with their widths and names.
6.
All lot lines together with an identification system for all lots
and blocks.
7.
The location of all building lines and easements provided for public
use, services, or utilities.
8.
All dimensions, both linear and angular, necessary for locating the
boundaries of the subdivision, lots, streets, alleys, easements, and
any other areas for public or private use. Linear dimensions are to
be given to the nearest one one-hundredth (1/100) of a foot.
9.
The radii, arcs, chords, points of tangency, and central angles for
all curvilinear streets and radii for rounded corners.
10.
The location of all survey monuments and bench marks together with
their descriptions.
11.
The name of the subdivision, a small sketch showing its general location,
and the scale of the plat, points of the compass, and the name of
owner or owners or subdivider.
12.
The certificate of the surveyor attesting to the accuracy of the
survey and the correct location of all monuments shown.
13.
Private restrictions and trusteeships and their periods of existence.
Should these restrictions and trusteeships be of such length as to
make their lettering on the plat impracticable and thus necessitate
the preparation of a separate instrument, reference to such instrument
shall be made on the plat.
14.
Acknowledgement of the owner or owners to the plat and restrictions,
including dedication to public use of all streets, alleys, parks or
other open spaces shown thereon and the granting of easements required.
15.
Certificates of approval for endorsement by the City Council.
[R.O. 1993 § 405.090; Ord. No.
1430 Art. VIII, 8-13-1968]
Whenever the tract to be subdivided is of such unusual size
or shape or is surrounded by such development or unusual conditions
that the strict applications of the requirements contained in these
regulations would result in real difficulties or substantial hardship
or justice, the City Council, after report by the Planning Commission,
may vary or modify such requirements so that the subdivider may develop
his/her property in a reasonable manner, but so that, at the same
time, the public welfare and interests of the City are protected,
and the general intent and spirit of these regulations preserved.
[R.O. 1993 § 405.100]
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 Council or Planning
Commission and recorded in the office of the County Recorder. Any
person violating the provisions of this Section shall forfeit and
pay to the City 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. The City may enjoin
or vacate the transfer or sale or agreement by legal action, and may
recover the penalty in such action.
[R.O. 1993 § 405.110; Ord. No.
1430 Art. X, 8-13-1968]
Any regulations or provisions of this Chapter may be changed
and amended from time to time by the City Council; provided, however,
that such changes or amendments shall not become effective, until
after a study and report by the Planning Commission and until after
a public hearing has been held, public notice of which shall have
been given in a newspaper of general circulation at least fifteen
(15) days prior to such hearing.
[R.O. 1993 § 405.120; Ord. No.
2774 § 1, 3-20-2012]
A.
The
purpose of this Section is to allow for and regulate the transfer
of minor portions of property between adjacent property owners and
to allow adjustments to be made to lot lines of platted lots and the
combining of two (2) or more lots or other lawful parcels of land.
B.
C.
A boundary
adjustment or lot consolidation must be accomplished by plat which
shall include the following:
1.
An adequate legal description and depiction of the boundaries of
the original lots and the adjusted lots.
2.
A certification by a licensed surveyor that the plat meets or exceeds
the current Missouri land surveying requirements and standards.
3.
Any private restrictions shall be shown on the plat and the plat
shall contain proper acknowledgments of owners and holders of mortgages
accepting the platting and restrictions.
4.
Documentation of subdivision trustee notification, if applicable.
5.
A filing fee in the amount of one hundred twenty-five dollars ($125.00).
D.
The
boundary adjustment shall be submitted to the City Manager for review
and approval by the Planning and Zoning Commission and the City Council
prior to its recording with the Recorder of Deeds of Mississippi County,
with a copy to be filed with the City of Charleston.
E.
Boundary
adjustments and lot consolidations shall be allowed for lawful lots
existing in non-compliance with minimum area, frontage and dimensional
requirements of the Zoning Code, provided that the resulting adjustment
of lot lines does not increase the degree of non-compliance with the
Zoning Code.
