[Ord. No. 2766 §1(120.160), 4-1-2002; Ord. No. 2777 §1, 7-15-2002]
Any word or phrase which is defined in this Section shall have
the meaning assigned to it by the Section whenever the word or phrase
is used in these Subdivision Regulations.
ACCESS
The right to cross between public and private property allowing
pedestrians and vehicles to enter and leave property.
ADEQUATE PUBLIC FACILITIES
Sufficient quantities of water, adequate water pressure,
adequate infrastructure to provide the service, including proper distribution
pipe size, adequate reserve capacity present, traffic capacity to
handle existing and proposed need and adequate police and fire protection,
etc., as deemed adequate according to the City's standards.
[Ord. No. 3638, 3-20-2023]
ADJACENT LOTS
Lots which adjoin or share side property lines or facing
properties across the street.
[Ord. No. 3602, 9-19-2022]
AGRICULTURAL USES
The use of a tract of land of not less than ten (10) acres
for the growing of crops, pasturage or nursery, including the structures
necessary for carrying out farming operations and the dwellings of
those owning or operating the premises, a member of the family thereof
or persons employed thereon and the family thereof.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat or site plan.
APWA
The American Public Works Association.
AS-BUILT PLANS
Construction plans revised to show a facility or structure
as actually constructed and as it appears on the tract of land involved.
ASTM
American Society for Testing Materials.
AWWA
American Water Works Association.
BLOCK
An area of land within a subdivision that is entirely bounded
by streets, highways or rights-of-way, except alleys, or between streets,
highways, streams, parks, etc., or any other barrier or combination
thereof to the continuity of development.
BOND
Any form of security, including a cash deposit, surety bond,
collateral, property or instrument of credit, in an amount and form
satisfactory to the City. All bonds shall be approved by the City
Attorney in an amount approved by the Board of Aldermen.
BUILDING LINE OR SETBACK LINE
A line parallel to a street or right-of-way line, shore of
a lake, edge of a stream or other property line established on a parcel
of land or lot for the purpose of prohibiting construction of a building
or structure in the area between such building line and right-of-way,
lakeshore, stream bank or other property line.
CAPITAL IMPROVEMENTS PROGRAM
A proposed schedule of all future projects listed in order
of construction priority together with cost estimates and the anticipated
means of financing each project. All major projects requiring the
expenditure of public funds, over and above the annual local governments
operating expenses, for the purchase, construction, or replacement
of the physical assets for the community are included.
[Ord. No. 3638, 3-20-2023]
CHANNEL
The bed and banks of a natural stream which convey the constant
or intermittent flow of the stream.
CHANNELIZATION
The straightening and deepening of channels and/or the surfacing
thereof to permit water to move rapidly and/or directly.
CITY
The City of Harrisonville, Missouri.
CITY CLERK
The City Clerk of the City of Harrisonville, Missouri.
CITY ENGINEER
The officially appointed engineer of the City of Harrisonville,
Missouri, or his/her duly appointed designee.
CONSTRUCTION
Any manmade change to improved or unimproved real estate,
including, but not limited to, the erection or placement of buildings
or other structures, streets or other paving, the installation of
utilities and any grading, filing, dredging or excavation.
[Ord. No. 3638, 3-20-2023]
CONSTRUCTION PLANS
The engineering drawings showing types of materials and construction
details for physical structures and facilities, excluding dwelling
units or other buildings to be installed in conjunction with development
of a subdivision.
CUL-DE-SAC
A street having one (1) end open to traffic and being terminated
by a vehicle turnaround.
CURB
A vertical or sloping edge of a roadway.
CURRENT YEAR'S PRICE
A.
For the calendar year 2002, six thousand five hundred six dollars
sixty-three cents ($6,506.63) based on the price for one (1) acre
of undeveloped residential land in the City;
B.
For all other calendar years, an amount equal to the product
of six thousand five hundred six dollars sixty-three cents ($6,506.63)
times the percentage that the Consumer Price Index (CPI) has increased
or decreased since December 31, 2001.
DEDICATION
An act transmitting property or interest thereto.
DENSITY
The permitted number of dwelling units per gross acre of
land to be developed.
DEPOSIT
A deposit of cash with the City in lieu of an amount required
and still in force on a performance or maintenance bond or to ensure
completion of work and installations on the plat. Such funds shall
be deposited in a separate account.
[Ord. No. 3638, 3-20-2023]
DESIGN FLOOD
The relative size or magnitude of a major flood of reasonable
expectancy which reflects both flood experience and flood potential
and is the basis of the delineation of the floodway, the flood hazard
area and the water surface elevations.
DETENTION BASIN
A pond, pool or basin used for the temporary storage of water
runoff.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development. Also, the holder of an option
or contract to purchase or any other person having enforceable proprietary
interest in such land.
DEVELOPMENT
A planning or construction project involving substantial
property improvement and, usually, a change of land-use character
within the site; the act of using land for building or extractive
purposes.
DEVELOPMENT REGULATIONS
Zoning, subdivision, site plan, official map, floodplain
or storm water regulations or other governmental regulations of the
use and development of land.
DIVIDED STREET
A street having an island or other barrier separating moving
lanes.
DRAINAGE
The removal of surface water or ground water from land by
drains, grading or other means.
DRAINAGE FACILITY
A manmade structure or natural watercourse for the conveyance
of storm water runoff. Examples are open channels, pipes, ditches,
swales, catch basins, street gutters, slopes, berms, dry detention
basins, wet (retention) detention basins and other features affecting
the flow of water.
[Ord. No. 3638, 3-20-2023]
DRAINAGE SYSTEM
The system through which water flows from the land, including
all watercourses, waterbodies and wetlands.
DRIVEWAY
A paved or unpaved area used for ingress or egress of vehicles
and allowing access from a street to a building or other structure
or facility.
DUPLEX DEDICATION
The number of acres calculated by taking the number of duplex
units to be included in the subdivision and multiplying that number
times three (3) people per duplex unit and then taking the resulting
number and multiplying that number times six one-thousandths (.006)
of an acre per person.
EASEMENT
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures.
ENGINEER
A professional engineer registered in the State of Missouri.
ESCROW
Money delivered to a third (3rd) person to be delivered by
him/her to the grantee only upon fulfillment of a condition.
EYEBROW
A fifty (50) foot radius, thirty-nine (39) feet to back of
curb, eyebrow or bubble may be provided at the intersection of two
(2) streets. The centerline radius point may be offset a maximum of
twenty-five (25) feet toward the inside of the intersection on the
incoming street. The said radius point may be offset toward the outside
of the intersection until the eyebrow becomes a cul-de-sac and the
intersection becomes a "T."
[Ord. No. 3638, 3-20-2023]
FINAL APPROVAL
The official action taken on a preliminarily approved subdivision
after all conditions, engineering plans and other requirements have
been completed or fulfilled.
FINAL PLAT
A plat prepared by a registered land surveyor or registered
professional engineer to describe the precise location and dimension
of lots, established easements, dedicated street right-of-way and
otherwise describe property to be subdivided.
GRADE
The slope of a street or other public way specified in percentage
of vertical to horizontal measurements.
[Ord. No. 3638, 3-20-2023]
GUTTER
A shallow channel usually set along a curb or the pavement
edge of a road for purposes of catching and carrying runoff water.
IES
Illuminating Engineering Society.
IMPOUNDMENT
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
IMPROVEMENT
Street work, utilities, sidewalks, drainage structures and
other physical modifications which are to be installed or constructed
by the subdivider for the benefit of the lot owners and for the proper
development of the community as a condition precedent to the approval
and acceptance of the final plat.
LATERAL SEWERS
Pipes conducting sewage from individual buildings to larger
pipes called trunk or interceptor sewers that usually are located
in street rights-of-way.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. The word "lot" shall include the word "plot,"
"tract," or "parcel." The derivations of lot shall maintain the following
definitions:
[Ord. No. 3638, 3-20-2023]
A.
LOT AREAThe size of a lot measured within the lot lines and expressed in terms of acres or square feet.
B.
LOT, CORNERA lot situated at the intersection of two (2) streets.
C.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
D.
LOT, DOUBLE FRONTAGEA lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot. This definition shall include through lots.
E.
LOT, FLAGA lot situated at the end of a cul-de-sac or which, because of special circumstances, has less than the required frontage abutting a street and is accessible only by a drive but which otherwise conforms to the definition of a lot.
F.
LOT FRONTAGEThat part of a lot or tract of land which borders along any given access to a public street or public right-of-way. Such public street or right-of-way shall not include any alley or access to the rear of such lot or tract.
G.
LOT, INTERIORA lot other than a corner lot whose sides do not abut upon any street.
H.
LOT LINESThe boundary lines of a lot. The derivations or modifications lot lines shall maintain the following definitions:
1.
LOT LINE, FRONTThe lot line abutting a street or private drive. In the case of a corner lot, the front lot line shall normally be the lot line with the shortest length. In the case of double frontage lot, the front lot line shall be the lot line adjacent to the street that provides primary access to the lot or towards which the main building on the lot is oriented.
3.
LOT LINE, SIDEAny lot line that intersects the front lot line. A side lot line shall include any liked line segments or arcs that have a bearing which is within forty-five degrees (45°) of a line drawn perpendicular to the front lot line. Where the application of the rules are ambiguous or where the property owner requests an alternative designation, the Director may specifically designate the various lot lines for a particular lot.
I.
LOT, REVERSED CORNERA corner lot where the side lot line adjoining a street is substantially a continuation of the front lot line of the first lot to its rear.
K.
LOT WIDTHThe horizontal distance between the side lot lines, measured at the front building line.
LOT OF RECORD
A lot with respect to which the plat or deed has been properly
recorded prior to the effective date of this Chapter.
[Ord. No. 3638, 3-20-2023]
MAIN
In any system of continuous piping, the principal artery
of the system to which branches may be connected.
MAINTENANCE GUARANTEE
Any security which may be required and accepted by a governmental
agency to ensure that necessary improvements will function as required
for a specific period of time.
MASTER PLAN
A comprehensive long-range plan intended to guide the growth
and development of a community or region. Includes analysis, recommendations
and proposals for the community's population, economy, housing, transportation,
community facilities and land use.
METES AND BOUNDS DESCRIPTION
A description of real property described by starting at a
known point and describing the bearings and distances of the lines
forming the boundaries of the property or described by delineation
of a fractional portion of a section, lot, or area by described lines
or portions thereof, and not described by reference to a lot or a
block.
[Ord. No. 3638, 3-20-2023]
MOUNTABLE CURB
A low curb with a flat slope designed to be crossed easily
without discomfort.
MULTI-FAMILY DEDICATION
The number of acres calculated by taking the number of multifamily
units to be included in the subdivision and multiplying that number
times two (2) people per multi-family unit and then taking the resulting
number and multiplying that number times six one-thousandths (.006)
of an acre per person.
NON-CONFORMING LOT
A lot existing on the effective date of this Chapter that
does not meet the minimum area requirements of the zoning district
in which the lot is located.
[Ord. No. 3638, 3-20-2023]
OFF-SITE
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) that is the subject
of a development application or on a contiguous portion of a street
or right-of-way.
OFF TRACT
Not located on the property that is the subject of a development
application or on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
OPEN SPACE
An area of land or water or combination thereof planned for
passive or active recreation but does not include areas utilized for
streets, alleys, driveways or private roads, off-street parking or
loading areas or required front, rear or side yards.
PEDESTRIAN WAY
A right-of-way dedicated to public use to facilitate pedestrian
access to adjacent streets, properties, or public areas.
[Ord. No. 3638, 3-20-2023]
PERFORMANCE GUARANTEE
Any security that may be accepted by a municipality as a
guarantee that the improvements required as part of an application
for development are satisfactorily completed.
PLANNING AND ZONING COMMISSION
The officially appointed Planning and Zoning Commission of
the City of Harrisonville; the term may be abbreviated in this Chapter
as the "Commission".
PLAT
A map or maps of a subdivision or site plan.
PLAT, FINAL
A plat prepared, for official recording as required by these
regulations, by a registered land surveyor or registered professional
engineer to describe the precise location and dimension of lots, established
easements, dedicated street rights-of-way and otherwise describe property
to be subdivided.
[Ord. No. 3638, 3-20-2023]
PLAT, MINOR
Any subdivision containing not more than three (3) lots fronting
on an existing street; not involving any new street, the extension
of municipal facilities, or the creation of any public improvements;
not adversely affecting the remainder of the parcel or adjoining property;
and not in conflict with any provision of these regulations.
[Ord. No. 3638, 3-20-2023]
PLAT, PRELIMINARY
A formal plat map, drawn to scale, indicating the proposed
layout of a development, including prominent existing features of
a tract and its surroundings and related information that is submitted
for preliminary approval.
[Ord. No. 3638, 3-20-2023]
PRE-APPLICATION CONFERENCE
An initial meeting between developers and municipal representatives
which affords developers the opportunity to present their proposals
informally.
PRELIMINARY PLAT
A map indicating the proposed layout of a development and
related information that is submitted for preliminary approval.
REQUIRED PARKLAND DEDICATION
The number of acres calculated by adding together the single-family
dedication, the duplex dedication and the multi-family dedication,
where applicable.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
RETENTION BASIN
A pond, pool or basin used for the permanent storage of water
runoff.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, or for another
special use.
[Ord. No. 3638, 3-20-2023]
ROADWAY
The actual road surface area from curb line to curb line,
which may include travel lanes and parking lanes. Where there are
no curbs, the roadway is that portion between the edges of the paved
or hard surface width.
SALE OR LEASE
Any immediate or future transfer of ownership, including
contract of sale or transfer of an interest in a subdivision or part
thereof, whether by metes and bounds, deed, contract, plat, map or
other written instrument.
SETBACK
The distance between the street right-of-way line and the
front line of a building or any projection thereof, excluding uncovered
steps.
SETBACK LINE or BUILDING LINE
A line parallel to the respective lot line and internal to
the lot that defines the required building setback as specified in
the zoning district regulations. The derivations of setback line shall
maintain the following definitions:
[Ord. No. 3638, 3-20-2023]
A.
SETBACK LINE, FRONT
The distance between the street right-of-way line and the
front line of a building or any projection thereof, excluding uncovered
steps. This shall extend from side lot line to side lot line;
B.
SETBACK LINE, REAR
A line parallel to all rear lot lines and shall extend from
side lot line to side lot line. If there is no rear lot line, a semicircular
rear setback line shall be drawn with a radius equal to the rear setback
requirement and a center at the intersection of the side lines; and
C.
SETBACK LINES, SIDE
Lines parallel to any side lot line and extended from the
front setback line to the rear setback line or another side setback
line.
SEWER
Any pipe conduit used to collect and carry away sewage or
storm water runoff from the generating source to treatment plants
or receiving streams.
SIDEWALK
A paved path provided for pedestrian use and usually located
at the side of a road within the right-of-way.
[Ord. No. 3638, 3-20-2023]
SIDEWALK (AREA)
A paved path provided for pedestrian use and usually located
at the side of a road within the right-of-way.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
SINGLE-FAMILY DEDICATION
The number of acres calculated by taking the number of single-
family units to be included in the subdivision and multiplying that
number times three and seven tenths (3.7) people per single-family
unit and then taking the resulting number and multiplying that number
times six one-thousandths (.006) of an acre per person.
SMALL SUBDIVISION
A subdivision of land of not more than four (4) lots and
five (5) acres, provided that such subdivision does not involve a
planned development, any new street or the extension of a utility
or other municipal facility.
STREET
An improved right-of-way dedicated to the public use which
provides vehicular and pedestrian access to adjacent properties. Terms
related to street shall mean as follows:
[Ord. No. 3638, 3-20-2023]
A.
ALLEY
A public or private street primarily designed to serve as
secondary access to the side or rear of those properties whose principal
frontage is on some other street.
B.
ARTERIAL
A street or road that is designated in the Comprehensive
Plan for large volumes of traffic to move quickly and safely and which
provides service and access to abutting properties only as a secondary
function.
C.
COLLECTOR
A street or road that is designated in the Comprehensive
Plan primarily to gather traffic from local streets and carry it to
the arterial street system.
D.
LOCAL
Any public street or road designed primarily to provide access
to more than one (1) property.
STREET HIERARCHY
The conceptual arrangement of streets based upon their function.
A hierarchical approach to street design classifies streets according
to function, from high-traffic arterial roads down to streets whose
function is residential access. Systematizing street design into a
road hierarchy promotes safety, efficient land use and residential
quality. At the most basic level the hierarchy moves down from arterial
streets to collector streets and then down to local streets. The derivations
of street hierarchy shall maintain the following definitions:
[Ord. No. 3638, 3-20-2023]
A.
RESIDENTIAL ACCESS STREET
The lowest order of residential street (see "street hierarchy").
Provides frontage for access to private lots and carries traffic having
destination or origin on the street itself. Designed to carry traffic
at slowest speed. Traffic volume should not exceed two hundred fifty
(250) ADT at any point of traffic concentration. The maximum number
of household units should front on this class of street.
B.
RESIDENTIAL COLLECTOR
The highest order of residential street (see "street hierarchy").
Conducts and distributes traffic between lower order residential streets
and higher order streets (arterials and expressways). Since its function
is to promote free traffic flow, access to homes and parking should
be prohibited. Collectors should be designed to prevent use as shortcuts
by non-neighborhood traffic. Total traffic volume should not exceed
three thousand (3,000) ADT.
STUB STREET
A portion of a street for which an extension has been proposed
and approved. May be permitted when development is phased over a period
of time, but only if the street in its entirety has been approved
in the preliminary plan.
SUBDIVIDER
A person, firm, corporation, partnership or association which
causes land to be divided into a subdivision for itself or for others.
SUBDIVISION
The division of a tract of land into two (2) or more lots
or parcels for the purpose of transfer of ownership or building development
or, if a new street is involved, any division of a parcel of land.
However, the division of land shall not be considered to be a subdivision
when the smallest parcel created is more than forty (40) acres in
area. The term "subdivision" includes "resubdivision", and the term "resubdivision", as used herein,
shall include any further subdivision of a lot or parcel of land previously
subdivided for sale, use or other purposes, which vary from the latest,
approved plat of the same.
SURVEYOR
A professional land surveyor registered in the State of Missouri.
USGS
(Also USC&G and USC&GS). United States Coast and
Geodetic Survey.
VARIANCE
A variation from compliance with a specific provision granted
to a particular property owner because of the practical difficulties
or unnecessary hardship that would be imposed by the strict application
of that provision of the zoning regulations. The granting of variances
on zoning issues is the responsibility of the Board of Zoning Adjustment.
WAIVER
A waiver from compliance with a specific provision granted
to a particular property owner because of the practical difficulties
or unnecessary hardship that would be imposed by the strict application
of that provision of the Subdivision Regulations. The granting of
waivers from the Subdivision Regulations is the responsibility of
the Board of Aldermen.
ZONING CODE
The duly approved, enacted and amended ordinance which controls
and regulates zoning in the City of Harrisonville.