[CC 1995 §44.010]
The rules and regulations governing plats of subdivisions of
land and lot splits contained herein shall apply within the corporate
limits of the Village in accordance with the provisions of Section
89.400, RSMo.
[CC 1995 §44.020]
For the purpose of these regulations, certain words and terms
used herein are defined as follows:
ALLEY
A minor right-of-way dedicated to public use which gives
a secondary means of vehicular access to back or side of properties
otherwise abutting a street and which may be used for public utility
purposes.
AREA, BUILDING
The total of area taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of unenclosed porches, terraces and steps.
AREA, NET SITE
The total area within the property lines excluding external
streets.
BLOCK
A parcel of land, intended to be used for urban purposes,
which is entirely surrounded by public streets, highways, railroad
rights-of-way, public walks, parks or greenstrips, rural land or drainage
channels or a combination thereof.
COMPREHENSIVE PLAN
The sketch plan or Village plan or Comprehensive Plan of
the Village, whether in whole or in part, as adopted by the Zoning
Commission, approved by the Board of Trustees and duly recorded in
the office of the Village Recorder. It may consist of several maps,
data and other descriptive matter for the physical development of
the Village or any portion thereof, including any amendment, extension
or additions thereof adopted by the Board of Trustees indicating the
general locations for major streets, parks, schools or other public
open spaces, public building sites, routes for public utilities, zoning
districts or other similar information.
EASEMENT
A grant by the property owner to the public, a corporation
or persons of the use of a strip of land for specific purposes.
FRONTAGE
All the property fronting on one (1) side of a street between
the two (2) nearest intersecting streets or other natural barriers.
GRADE
The slope of a road specified in percent and shown on road
profile plan as required herein.
IMPROVEMENTS
Grading, sanitary and storm sewers, water mains, pavements,
curbs and gutters, sidewalks, road signs, lights, trees and other
appropriate improvements required to render land suitable for the
use proposed.
LOT
Land occupied or to be occupied by a building or unit group
of buildings and accessory buildings, together with such yards and
lot area as are required by this resolution and having its principal
frontage upon a street or a place approved by the Commission.
LOT, CORNER
A lot or portion thereof not greater than one hundred fifty
(150) feet in width and situated at the intersection of two (2) or
more streets, having an angle of intersection of not more than one
hundred thirty-five degrees (135°).
LOT DEPTH
The horizontal distance between the front and rear lot lines
measured along the median between the two (2) side lot lines.
LOT, DOUBLE FRONTAGE
A lot which runs through a block from street to street and
which has two (2) non-intersecting sides abutting on two (2) or more
streets.
LOT WIDTH
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building line.
MAJOR STREET PLAN
The official plan of highways, primary and secondary thoroughfares,
parkways and other major streets, including collector streets, adopted
by the Zoning Commission, approved by the Board of Trustees and duly
recorded in the office of the Village Clerk.
OFFICIAL MAP
The map showing streets, highways and parks and drainage,
both existing and proposed.
OFFICIAL SUBMISSION DATE
The date when a subdivision plan shall be considered submitted
to the Planning and Zoning Commission and is hereby defined to be
the date of the meeting of the Planning and Zoning Commission at which
all required surveys, plans and data are submitted.
OPEN SPACE, PUBLIC
Land which may be dedicated or reserved for acquisition for
general use by the public, including recreation areas, school sites,
community or public building sites and other lands.
PLAT
A map, plan or layout of a Village, township, section or
subdivision indicating the location and boundaries of individual properties.
PLAT, FINAL
A map of a land subdivision prepared in form suitable for
filing of record with necessary affidavits, dedications and acceptances
and with complete bearings and dimensions of all lines defining lots
and blocks, streets and alleys, public area and other dimensions of
land.
PLAT, PRELIMINARY
A map of a proposed land subdivision showing the character
and proposed layout of the tract in sufficient detail to indicate
the suitability of the proposed subdivision of land.
STREET
Any public or private right-of-way which affords the primary
means of access to abutting property.
STREET, COLLECTOR
A street which serves or is designed to serve as a trafficway
for a neighborhood or as a feeder to a major street.
STREET, CUL-DE-SAC
A street or a portion of a street with only one (1) vehicular
traffic outlet. The closed end has a turnaround.
STREET, LOCAL
A street intended to serve primarily as an access to abutting
properties.
STREET, MAJOR
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic generating areas. Such streets
are freeways, expressways and arterial.
SUBDIVIDER
A person, firm, corporation, partnership or association who
shall lay out any subdivision or part thereof as defined herein, either
for himself/herself or others.
SUBDIVISION
The division of a parcel of land into two (2) or more lots;
or other divisions of land; it includes resubdivision and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
YARD, FRONT
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto on the lot.
YARD, REAR
A yard extending across the full width of the lot between
the nearest rear main building and the rear lot lines. The depth of
the required rear yard shall be measured horizontally from the nearest
part of the main building toward the nearest point of the rear lot
lines.
YARD, SIDE
A yard between a main building and the side lot line extending
from the front yard or front lot lines, where no front yard is required,
to the rear yard. The width of the required side yard shall be measured
horizontally from the nearest point of the side lot line toward the
nearest part of the main building.
[CC 1995 §44.030]
Any owner or proprietor of any tract of land who subdivides
that tract of land and who violates any of the provisions of this
regulation shall be guilty of a misdemeanor.
[CC 1995 §44.040]
Any owner or any proprietor of any tract of land situated within
the corporate limits of the Village who subdivides the same shall
cause a plat of such subdivision, with reference to known or permanent
monuments, to be made and recorded in the office of the Village Clerk.
[CC 1995 §44.050]
No plat of a subdivision shall be recorded unless and until
it shall have been submitted and approved by the Commission and Board
of Trustees in accordance with the regulations set forth in this Chapter
and so certified by the Village Clerk.
[CC 1995 §44.060]
To defray partially the costs of notification and administration
procedures, there shall be paid to the Village Clerk at the time of
submission of the preliminary plat a fee as established by the Village
Board of Trustees and set forth in the fee schedule. No action of
the Zoning Commission or Chairman and Board of Trustees shall be valid
until the fee has been paid to the Village Clerk. This fee will be
charged on all plats, regardless of the action taken, whether the
plat is approved or disapproved.
[CC 1995 §44.070]
Every plat shall be prepared by a registered land surveyor duly
licensed by the State, who shall endorse upon each such plat a certificate
signed by him/her setting forth the source of the title of the owner
of the land subdivided and the place of record of the last instrument
in the chain of title and shall cause his/her seal to be affixed on
the face of the plat.
[CC 1995 §44.080]
Every plat or the deed of dedication to which such plat is attached
shall contain, in addition to the registered land surveyor's certificate,
a statement to the effect that the above and foregoing subdivision
of (here insert correct description of the land subdivided) as appears
in the plat in question is with the free consent and in accordance
with the desire of the undersigned owners, proprietors and trustees,
if any, which shall be signed by the owners, proprietors and trustees,
if any, and shall be duly acknowledged before some officer authorized
to take acknowledgments of deeds and when thus executed and acknowledged,
shall be filed and recorded in the office of the Village Clerk of
the Village and indexed under the names of the owners of the lands
signing such statement and under the names of the subdivision.
No owner, or agent of the owner, of any land located within
the platting jurisdiction of any municipality, 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 an purported
subdivision of the land before the plat has been approved by the Zoning
Commission and recorded in the office of the appropriate County Recorder
unless the owner or agent shall disclose in writing that such plat
has not been approved by such Zoning Commission and the sale is contingent
upon the approval of such plat by such Zoning Commission.
[CC 1995 §44.100]
Land subject to flooding, land with excessive slope and land
deemed by the Zoning Commission to be undesirable for development
shall not be platted for residential occupancy nor for such other
uses as may involve danger to health, life or property or to aggravate
erosion of flood hazard. Such land shall be set aside for uses compatible
with existing conditions.
[CC 1995 §44.120; Ord. No. 08-11 §1, 4-28-2011]
A. The
preliminary plat of the proposed subdivision, three (3) black line
or blue line prints prepared by a qualified registered professional
engineer or surveyor, shall accompany an application in writing to
the Zoning Commission. The horizontal scale of the preliminary plat
shall be one hundred (100) feet or less to the inch and the vertical
scale of street and sewer profiles ten (10) feet or less to the inch.
B. A vicinity
sketch at a scale of four hundred (400) feet or more to the inch shall
be drawn on or shall accompany the preliminary plat. The sketch shall
show:
1. All existing subdivisions and the street and tract lines or acreage
parcels of land, together with the name of record owners of such parcels
immediately adjoining the proposed subdivisions and between it;
2. The nearest existing highways or thoroughfares, streets and alleys
in neighboring subdivisions or unplatted property involved in producing
the most advantageous development of the entire neighborhood;
3. Section, range and township;
4. Any corporation or ad hoc district lines, such as school or sewer
districts, etc.
C. The
preliminary plat shall clearly show the following features and information:
1. Name. The proposed name of the subdivision which
shall not duplicate or closely approximate the name of any other subdivision
in the Village.
2. Designation. The tract designation according to
real estate records of the Recorder of the County where located.
3. Owners of record. The names and addresses of the
owner or owners of record, the developer and the engineer or surveyor.
4. Abutting owners. The name of adjacent subdivisions
and the names of the record owners of adjacent parcels of unplatted
land.
5. Boundary lines. The boundary lines, accurate in
scale, of the tract to be subdivided.
6. Streets — other features. The location, widths
and names of all existing or platted streets or other public ways
within or adjacent to the tract and other important features such
as existing permanent buildings; large trees and watercourses; railroad
lines; corporation and township lines; utility lines, etc.
7. Utilities — existing and proposed. Existing
and proposed sewers, water mains, culverts and other underground structures
within the tract and immediately adjacent thereto.
8. Physical characteristics. Topography; contours,
normally with intervals of two (2) feet or as may be otherwise required
by the Planning and Zoning Commission.
9. Proposed design — street, drainage, etc.
a. The functional classification (major, minor, etc.) and widths of
proposed streets, alleys and easements;
b. The location and approximate sizes of catch basins, culverts and
other drainage structures; or
c. A layout, numbers, and approximate dimensions of proposed lots and
street names shall be established to the satisfaction of the Zoning
Commission representative and the approval shall be obtained from
the local postmaster and a name shall not duplicate or closely approximate
any existing or platted street name in the City except extensions
of existing streets.
10. Zoning. Zoning boundary lines, if any; proposed
uses of property and proposed front yard setback lines.
11. North point, etc. North point, scale, date, title.
12. Deed restrictions. Copies of any private restrictions
to be included in the deeds should be attached to the preliminary
plat.
[CC 1995 §44.165; Ord. No. 13-06 §1, 8-24-2006]
A. No
building permit shall be issued in any new subdivision to and until
the Village has received and approved the following:
1. The erosion and sediment control measure, as defined by the Storm
Water Pollution Prevention Plan, shall be in place and functioning
properly.
2. Public sanitary sewer service for the lot shall be completed, tested
and approved by the Village Engineer.
3. Curb and gutter elevations shall be established and streets shall
be graded and completed to plan subgrade elevations and a minimum
of two (2) inch thickness of base material shall be placed.
4. Streets shall be named and signs erected for all streets that access
the lot.
[CC 1995 §44.180]
Where unusual or exceptional factors or conditions exist, the
Zoning Commission may modify any of the provisions of these regulations
except those of Section 410.160(1 — 5) on written application
by the developer. The developer's application shall set forth the
reasons for such requested modification and shall be attached to all
copies of the construction plans.