[Ord. No. 975-94-09 §1, 10-20-1994; Ord. No. 1040-00-1 §1, 1-6-2000; Ord.
No. 1043-00-3 §1, 8-3-2000; Ord. No. 1276-23-11, 7-20-2023]
A.
"Subdivision" is defined as the division of a lot or parcel
of land described or used as a unit, as part of a unit, or as contiguous
units, on the last preceding transfer of ownership, into two (2) or
more sites, parcels or lots, any one (1) of which is less than five
(5) acres in area for the purpose, whether immediate or future, of
transfer of ownership.
[Ord. No. 608 §1; Ord. No.
649 §1; Ord. No. 975-94-09 §2, 10-20-1994; Ord. No. 1026-98-08 §1, 12-3-1998; Ord. No. 1031-99-03 §1, 2-4-1999]
A.
Two
(2) full and complete plats or maps of the proposed addition or subdivision
shall be prepared at the expense of the party or parties making the
addition or subdivision.
B.
The
plats shall be drawn at a scale of one hundred (100) feet or less
to the inch, from an accurate survey, and on sheets of maximum dimensions
of twenty-nine (29) inches by thirty-four (34) inches.
C.
The
plats shall show the boundary lines of the area being subdivided with
accurate distances and bearings; the lines of all adjoining lands
and the lines of adjacent streets and alleys with their names, radii,
arcs and chords, width, names, radii, arcs and chords, points of tangency,
central angles for all curvilinear streets, and radii for all rounded
corners; the accurate outline of any property which is offered for
dedication for public use, whether intended for alleys, streets, or
other public uses; all lot and block lines with accurate distances
and bearings, and an identification system for all lots and blocks;
the location of monuments at the boundary corners of such additions
or subdivisions, and at such other places as may be deemed necessary
by the City Engineer or the Chairman of the Street and Alley Committee;
certification by a civil engineer or surveyor to the effect that the
plat represents a survey made by him, and that all necessary monuments
are correctly shown thereon; a certificate by the proprietor that
all taxes payable have been previously paid in full; that all streets,
alleys, and easements have been dedicated to public use forever; acknowledgment
by the proprietor before some official authorized by law to take acknowledgements
of conveyances of real estate; the location of present property lines,
streets, buildings, water courses, tree masses, and other existing
features within the area to be subdivided, and similar facts regarding
existing conditions on land immediately adjacent thereto; existing
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 indicated in a general
way upon the plat; the names and adjoining boundaries of all adjoining
subdivisions and the names of record owners of adjoining parcels of
unsubdivided land; contours with intervals of five (5) feet or less;
north point, scale, and date; plans for surface water drainage; plans
for location of sewage disposal facilities; plans for location of
water pipes; plans for location of natural gas lines; plans for location
of storm sewers, if required by the City Council; and plans for location
and grade of curbs and gutters.
D.
The
plats shall show the grade and elevation of all proposed streets and
alleys to be dedicated to public use.
E.
Before any plat shall be approved by the City Council, a copy of
the plat shall be submitted to the Superintendent of the Board of
Public Works, the Street Superintendent, and the Code Enforcement
Officer. The Superintendent of the Board of Public Works, Street Superintendent,
and Code Enforcement Officer, shall determine whether or not the plat
complies with the requirements of this Chapter. No plat shall be approved
by the City Council until the Superintendent of the Board of Public
Works, Street Superintendent, and Code Enforcement Officer have signed
a Certificate of Compliance certifying that the plat complies with
the requirements of this Chapter.
[Ord. No. 1178-16-04, 7-14-2016]
[Ord. No. 608 §2; Ord. No.
649 §2; Ord. No. 756 §1; Ord. No. 905-90-18 §2, 4-5-1990; Ord. No. 912-90-25 §1, 7-19-1990; Ord. No. 919-90-32 §1, 10-18-1990; Ord. No. 999-96-11 §1, 6-6-1996; Ord.
No. 1019-98-02 §1, 4-23-1998; Ord. No. 1051-02-2 §1, 4-4-2002; Ord. No. 1062-03-8 §1, 10-16-2003]
A.
Before any plat of a new addition to, or subdivision of, the City of Palmyra shall be approved, the proprietor shall comply with the provisions of Section 410.050, of this Chapter, or shall make improvements, provide for dedication of easements, and shall comply with regulations as follows:
1.
The minimum width for street rights-of-way shall be fifty (50) feet.
2.
Provisions shall be made for dedication of alleys not less than fourteen
(14) feet wide, or a public easement not less than fourteen (14) feet
wide between the rear ends of all lots to accommodate poles, wires,
conduits, storm and sanitary sewers, gas, water and other utilities.
3.
All streets and alleys of the City, which, if prolonged in straight
liens, would occupy any portion of the land in the proposed addition
or subdivision, shall be laid out and dedicated the full width and
entirely through the length and breadth of the proposed addition or
subdivisions, and all streets and alleys of a proposed addition or
subdivision, as near as may be, shall run parallel with, or be continuous
on a straight line with the streets and alleys of this City.
4.
Names of streets in the proposed addition or subdivision shall not
be duplicates of or similar to the names of existing streets in the
City of Palmyra, except that streets which are obviously in alignment
with others already existing and name shall bear the names of the
existing streets.
5.
No block shall be longer than twelve hundred (1200) feet.
6.
All side lines of lots shall be at right angles to straight street
lines, or radial to curved street lines unless a variation to this
rule will give a better street and lot plan. Lots with double frontage
should be avoided.
7.
No lot which is to be used for residential purposes shall contain
an area less than six thousand (6000) square feet. All lots shall
have a minimum width of sixty (60) feet at the building line.
8.
Building lines shall be established not less than twenty-five (25)
feet from the front property line and from any property line located
adjacent to a street line; provided, however, if there are existing
buildings on an adjacent lot in the C-1 Commercial District, the building
line shall be established not less than the distance the existing
buildings are located from the front property line of the adjacent
lot or lots. "Property line" shall mean the property line according
to the subdivision plat on file with the City Clerk. Restrictions
requiring buildings to be set back to such building lines shall either
be made a part of the plat or contained in a separately recorded instrument
and referred to on the plat. The above same requirements shall pertain
to limiting the location of any building closer than five (5) feet
to the lot sidelines and ten (10) feet to the rear property line.
A building or structure may be located closer than ten (10) feet to
the rear property line if the Building Inspector, Street Superintendent,
and Superintendent of the Board of Public Works determine that the
location of such structure or building will not interfere with any
utility easements and if the Building Inspector determines that the
proposed location of such structure or building will line up with
the setback lines of other existing structures or buildings on an
adjacent property.
[Ord. No. 1203-18-03, 5-17-2018; Ord. No. 1208-18-08, 10-18-2018; Ord. No. 1226-19-17, 11-7-2019]
9.
Monuments shall be placed at the boundary corners of such additions
or subdivisions, and at such other places as may be deemed necessary
by the City Engineer or the Chairman of the Street and Alley Committee.
Said monuments shall be constructed of concrete with a minimum dimension
of four (4) inches, extending below the frost line, or steel pipe
firmly embedded in concrete which extends below the frost line; and
it is further provided that the entire cost of constructing and placing
said monuments shall be paid by the proprietors of such additions
or subdivisions.
10.
Streets shall be surfaced, at the proprietor's option as to method,
by one (1) of the following methods:
a.
To a minimum width of thirty-six (36) feet with a surface consisting
of four (4) inches of compacted crushed stone base and six (6) inches
of 6 bag reinforced Portland cement slab. Reinforcement may consist
of number four (4) rebar tied on eighteen (18) inch centers elevated
on two (2) inch chairs or slab bolsters or number six (6) gauge paving
mats eight (8) feet by fifteen (15) feet elevated with two (2) inch
chairs or slab bolsters. Curb and gutter shall consist of 5½
bag Portland cement not less than thirty (30) inches wide and six
(6) inches deep.
b.
To a minimum width of thirty-six (36) feet with a surface consisting
of eight (8) inches of crushed stone base compacted in four (4) inch
lifts, and two (2) two (2) inch lifts of asphalt cement slab (four
(4) inches total), with curb and gutter of 5½ bag Portland
cement not less than thirty (30) inches wide and six (6) inches deep.
11.
Each lot within the addition or subdivision shall be provided with
a connection to the public water supply system. The employees of the
City of Palmyra, may, with the approval of the City Council, lay the
water pipe and perform the backfilling without expense to the proprietor.
Water mains shall be six (6) inches or larger and shall be approved
by the City Engineer or the Superintendent of the Light and Water
Department. The City of Palmyra may furnish fire hydrants and valves
as it deems necessary, without expense to the proprietor.
12.
Storm sewers may be required by the City Council.
13.
All lots shall be provided with a connection to the City sanitary
sewer, unless approval of individual sewage disposal system is obtained
from the State Department of Public Health and Welfare, Division of
Health, and State Water Pollution Board.
14.
All sewers shall conform to the specifications and requirements of
the Superintendent of the Light and Water Department, and the State
Department of Public Health and Welfare, Division of Health, and State
Water Pollution Board.
15.
Proper drainage shall be provided for the area being added or subdivided.
Drainage improvements shall maintain any natural watercourse, and
shall prevent the collection of water in low spots. No surface drainage
shall be permitted into the sanitary sewers.
16.
Any subdivision plat submitted after July 2, 2020, shall provide
for a subdivision restriction or subdivision covenant requiring that
any single-family dwelling, two-family dwelling, or multi-family dwelling
within the addition or subdivision shall provide adequate off-street
parking for all inhabitants of such residence.
[Ord. No. 1233-20-06, 7-2-2020]
[Ord. No. 608 §3]
Except by permission of the City Council, utility construction
shall be under, in, or on alleys, or land dedicated for such purpose,
not under, in, or on any public street, except in crossing such street
from one alley or easement to another.
[Ord. No. 905-90-18 §2, 4-5-1990; Ord. No. 975-94-09 §3, 10-20-1994; Ord. No. 976-94-10 §1, 12-15-1994; Ord. No. 1132-10-06 §1, 10-21-2010; Ord. No. 1135-11-02 §1, 5-5-2011]
A.
No building shall be constructed in unplatted portions of the City of Palmyra; provided, however, that the construction of a building in an unplatted portion of the City of Palmyra not involving any new streets, public or private, is not prohibited subject to compliance with the provisions of Section 410.020 Subsections (2-3), (6-8) and (11-15). Provided further, however, a building or structure may be located in unplatted portions of the City of Palmyra with building lines established less than twenty-five (25) feet from the front property line and from any property line located adjacent to a street line, subject to the approval of the City Council.
[Ord. No. 1166-15-03 §1, 5-21-2015]
B.
No
building or structure shall be located in unplatted portions of the
City of Palmyra, except as provided herein:
1.
Building lines shall be established not less than twenty-five (25)
feet from the front property line and from any property line located
adjacent to a street line.
2.
No building line shall be established not less than five (5) feet
to the side property lines and the rear property line.
3.
Any lawful building or structure located on October 21, 2010, that
does not conform to the provisions hereof, may be continued. If use
of a non-conforming building or structure having no foundation has
been discontinued for a period of twelve (12) consecutive months,
such discontinuance shall constitute an abandonment. If use of a non-conforming
building or structure having a foundation is discontinued, such discontinuance
shall not constitute an abandonment. Any non-conforming building or
structure existing on October 21, 2010, having a foundation, may thereafter
be remodeled or replaced in the same location upon the same foundation
without being considered a violation hereof.
4.
Subject to the approval of the City Council, an addition to, or an
extension of, a non-conforming building or structure having a foundation
is permitted, provided that the building line of such addition or
extension to the non-conforming building or structure is not less
than the existing building line from the front property line of the
existing non-conforming building or structure. If the building line
of such addition or extension of a non-conforming building or structure
will be less than five (5) feet on any of the side property lines
or rear property line, then the owner of the property must, in addition,
obtain the written consent of the owner of any property located adjacent
to such side property line or rear property line, prior to seeking
approval of the City Council.
[Ord. No. 975-94-09 §4, 10-20-1994]
No subdivision of land within the City of Palmyra shall be permitted after October 20, 1994, until all of the provisions and conditions of Chapter 410 have been complied with; and no lot or parcel of land shall be sold or transferred in violation of the provisions and conditions of this Chapter.
[Ord. No. 608 §5; Ord. No.
1025-98-07 §1, 12-3-1998; Ord. No. 1032-99-04 §1, 2-18-1999; Ord. No. 1033-99-05 §1, 2-18-1999; Ord. No. 1034-99-06 §1, 2-18-1999]
A.
No
plat shall be approved by the City of Palmyra until the proprietor
shall have either:
1.
Complied with all of the provisions of this Chapter, including
the completion and construction of all improvements, and either the
City Engineer; or the Superintendent of the Board of Public Works,
Street Superintendent, and Code Enforcement Officer; or other designee
of the City Council, have signed a Certificate of Development certifying
that the proprietor has developed all lots in a manner satisfactory
to and in conformity with this Chapter, including the completion and
construction of all improvements; or
[Ord. No. 1178-16-04, 7-14-2016]
2.
Until the proprietor shall have made, executed, acknowledged and
delivered to the City of Palmyra, a subdivision contract in writing,
in a form satisfactory to City, together with a sum sufficient for
the recording of said contract in the County Recorder's office.
3.
Said subdivision contract shall be in a form approved by the City
and shall provide either of the following:
a.
That the proprietor shall not sell or convey any lot in such addition
or subdivision, or lease the same for building purposes, until either
the City Engineer, or the Street Superintendent and the Superintendent
of the Board of Public Works, or other designee of the City Council,
shall have signed a written Certificate of Development certifying
that the proprietor has developed all lots in a manner satisfactory
to and in conformity with this Chapter, including the completion and
construction of all improvements; or,
b.
That the proprietor shall provide either a performance bond or an
irrevocable letter of credit in a form satisfactory to the City in
an amount estimated by the City to be necessary to develop said subdivision
in conformity with this Chapter, including the completion and construction
of all improvements. Prior to the execution of said contract, proprietor
shall provide City with a detailed estimate of the cost to complete
and construct such improvements.
4.
If the subdivision contract provides for either a performance bond
or an irrevocable letter of credit, then said contract shall further
provide the following:
a.
That the City reserves the right, in its sole discretion, to amend
the amount of said performance bond or letter of credit by decreasing
the amount required in said performance bond or letter of credit,
based on the partial compliance by proprietor with the provisions
of this Chapter.
b.
That said performance bond or letter of credit shall be conditioned
upon the completion and construction by proprietor of all improvements
in accordance with the plat of said subdivision and as required by
this Chapter, compliance by proprietor with all provisions of this
Chapter, and compliance by proprietor with all provisions of said
subdivision contract.
c.
That any surety on said performance bond and any issuer of said letter
of credit shall be subject to the approval of the City.
d.
That City, in its discretion, may waive such performance bond or
letter of credit and, in lieu of such performance bond or letter of
credit, accept the deposit of a cashier's check or certified check
payable to City, with the same conditions as such performance bond
or letter of credit.
e.
That all improvements shall be completed and constructed within a
designated time. If at the end of the time so specified, all improvements
have not been completed and constructed by the proprietor, the City
may extend the time for the completion and construction of such improvements.
If such improvements have not been completed and constructed within
the specified time or within the extended time, the City may require
the surety on said performance bond or the issuer of said letter of
credit to pay City the lesser of the amount required to complete such
improvements, or the amount of the performance bond or letter of credit.
f.
If all improvements shall be completed and constructed in accordance
with the subdivision contract, then the City Engineer, or the Street
Superintendent and the Superintendent of the Board of Public Works,
or other designee of the City Council, shall sign a written Certificate
of Development certifying that the proprietor has developed all lots
in a manner satisfactory to and in conformity with this Chapter, including
the completion and construction of all improvements, and thereby releasing
the performance bond, irrevocable letter of credit, cashier's check
or certified check provided by proprietor to City.
[Ord. No. 608 §6; Ord. No.
1035-99-07 §1, 2-18-1999]
If a Certificate of Development shall be issued under the provisions of Section 410.050 of this Chapter, the same shall be recorded in the County Recorder's office at the expense of the proprietor.
[Ord. No. 608 §7]
After a plat of a new addition or subdivision is approved by
the City, one (1) copy thereof shall be filed in the office of the
City Clerk and one (1) copy shall, at the expense of the proprietor,
be duly recorded in the office of the Recorder of Deeds of Marion
County, Missouri.
[Ord. No. 608 §9; Ord. No.
1035-99-07 §3, 2-18-1999; Ord. No. 1276-23-11, 7-20-2023]
A.
Violations
of this Chapter may be prosecuted in the Municipal Court of Palmyra.
Each day that a violation continues shall be a new and separate violation.
B.
The City shall not be bound to grade, surface or repair any street or sidewalk or build, connect or repair any sewer or water or electrical lines to any tract of ground which has been divided without compliance with the requirements of Chapter 410.
C.
No new improvement may be constructed and no modification may be made to any structure on a tract of ground which has been divided without complying with the requirements of Chapter 410. The City is hereby empowered to seek injunctive relief to prevent violation of this provision in the Circuit Court of Marion County.
[Ord. No. 1276-23-11, 7-20-2023]
A.
If
a landowner wishes to further divide a tract of ground contained within
the confines of the City limits of the City of Palmyra, but does not
wish to create a new full subdivision, the matter shall be presented
to the Zoning Commission for consideration, subject to the following
provisions:
1.
Whenever the tract of land proposed to be subdivided is of such unusual
shape or topography, or is affected by surrounding developments or
unusual conditions such that the strict application of the requirements
contained in this Chapter would result in substantial hardships or
inequities, the City Council, upon recommendation of the Commission,
may vary or modify such requirements so that the subdivider is allowed
to develop his/her land in a reasonable manner, but so, at the same
time, the public welfare and interest of the City and surrounding
area are protected and the general intent and spirit of these provisions
are preserved.
2.
The Planning and Zoning Commission may relax any portion of the provisions
of the regulations and approve plats or replats of land if the subdivision
involves the creation of not more than four (4) lots, and/or the subdivision
involves only minor changes in lot boundaries and does not create
additional lots, and/or the subdivision involves the replatting of
one (1) or more lots of record into not more than four (4) lots.
3.
In granting variances and exceptions and minor subdivisions, the
Commission may require such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements so varied
or modified. All minor subdivisions and variances shall require a
plat prepared by a land surveyor registered in the State as set forth
in Chapter 60, RSMo. After approval by either the Commission and/or
the City Council, the plat must be signed by the Chairperson of the
Planning and Zoning Commission and recorded in Marion County by the
surveyor of record with a recorded copy being provided to the City.
[Ord. No. 1276-23-11, 7-20-2023]
A.
A minor subdivision shall only be approved if all the following conditions
are satisfied:
1.
A lot is proposed to be subdivided into four (4) or fewer lots.
2.
No new public streets or right-of-way dedications are needed
or proposed.
3.
No vacation of public streets, public alleys, easements, setback
lines or access control is needed or proposed.
4.
The subdivision will not result in a lot or tract without direct
access to an existing public street. Such access may occur by recorded
easements shown on the plat.
5.
The extension of a public water or sewer system is not needed
or proposed, unless the requesting party has entered into an agreement
with the Board of Public Works for such extension, wherein the requesting
party is responsible for the costs of such extension.
6.
The subdivision complies with the zoning regulations as set
forth in Chapter 32, RSMo., or other regulations of the City and a
substandard sized lot will not be created.
7.
The subdivision will not result in significant increases in
utilities and service levels or will interfere with maintaining existing
utilities and service (e.g., traffic control, street maintenance,
etc.).
8.
Any subdivision not qualifying as a minor subdivision is a regular
subdivision.
B.
Minor subdivisions may also be proposed for situations where boundary line adjustments result in no new lots being created, or where property line vacations combine or assemble four (4) or less lots into one (1) single lot; all provided the provisions of Section 410.100(A) are met.
C.
No lot created as part of a minor subdivision process shall be eligible
for further subdivision through the minor subdivision process.
D.
The applicant must consult with the Building Inspector prior to submitting an application for minor subdivision in order to determine that all minor subdivision requirements are being met. An application for minor subdivision approval shall be submitted to the Building Inspector no later than the first business day of the month for which the application is to be considered by the Planning and Zoning Commission. The plat shall be prepared in conformance with the requirements of Subsection (E)(2) of this Section.
E.
Commission Action On Minor Subdivision.
1.
Commission Review. The commission shall review applications for minor subdivisions based on findings pursuant to the conditions for minor subdivision in accordance with the provisions of Section 410.100(A)(1) to (7).
2.
Commission Decision. The Commission shall make a determination the day of the Planning and Zoning Commission meeting at which the minor subdivision is considered. The Commission shall approve the proposed subdivision unless the subdivision is not a minor subdivision by failing to comply with Section 410.100(A) or any other applicable requirements of this Chapter. If the subdivision is not approved, the Commission shall provide the applicant with a written statement of the reasons for denial within ten (10) days of action by the Commission.
3.
Appeals To Board Of Adjustment. Actions taken by the Commission
regarding disapproval of a minor subdivision application are final
unless such action is appealed by the applicant to the City Council
within sixty (60) calendar days of action by the Commission. The City
Council may override the disapproval of the minor subdivision application
by the Commission with the affirmative vote of not less than two-thirds
(2/3) of the Council as a whole.
4.
Recording. Approval of the minor subdivision is contingent upon
the final plat being recorded within thirty (30) days after the date
a certificate of approval is signed by the Chairperson of the Planning
and Zoning Commission. The applicant or applicant's surveyor
shall be responsible for recording the plat and shall return one (1)
electronic and two (2) paper copies of the recorded plat to the Department
of Public Works. The applicant shall be responsible for all recording
fees.
F.
Plat Requirements.
1.
The minor subdivision application shall be accompanied by seven
(7) paper copies of the plat.
2.
The plat shall contain the following information:
a.
The proposed name of the subdivision, which shall not duplicate
previously filed plat names, but may be a variation on the name of
the plat which the subdivided lots are a portion of.
b.
The location of boundary lines in relation to section, quarter
section lines, or adjoining subdivisions of record, including a legal
description of the property.
c.
The names and addresses of the developers/subdivision owners.
d.
The name and address of the professional land surveyor preparing
the plat.
e.
The north point, which shall be directed to the top or right
side of the plat; a graphic scale and date.
f.
The plat shall be prepared at a scale no smaller than one (1)
inch equals two hundred (200) feet.
g.
The location, width and the name of each existing or platted
street within the proposed subdivision and within two hundred (200)
feet thereof.
h.
The location and width of existing public ways such as railroads,
utilities, rights-of-way and all easements; parks and other public
open spaces within the proposed subdivision; and the location of existing
permanent buildings within proposed subdivisions and within fifty
(50) feet thereof.
i.
Existing zoning of the proposed subdivision and existing zoning
of adjacent tracts.
j.
A small-scale key or vicinity map, such as the street map of
the City, adequately covering the area within a 1,000-foot radius
of the subdivision, showing the relation of the plat to major streets,
parks, schools, and surrounding major commercial and industrial developments.
k.
The layout, numbers and precise dimensions of lots.
l.
The plat shall indicate the total acreage or area of each lot
within the proposed subdivision.
m.
A title report showing that the requesting party is the legal
owner of the property and also showing that there are no regular or
special taxes due or delinquent against the property described in
the plat.
n.
A certification for the approval of the Commission, to be signed
by the Chairman.
o.
A certification signed by the Mayor, or designee, approving
the plat.
p.
A statement denoting the words minor subdivision shall appear
on the recorded plat.
H.
Notwithstanding any other provisions of the ordinances of the City
of Palmyra, these ordinances shall not be construed to prevent the
order of the Circuit Court of Marion County from adjusting boundary
lines of adjacent lots pursuant to a Quiet Title or similar law suit.
However, if such an adjustment is ordered by the court, then the winning
party shall be required to provide a copy of the order and if a survey
exists, the survey of such tract of ground to the City, and further
to record both the order and the survey in the land records of Marion
County.
