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Editor's Note: Ord. No. 775 § II, adopted 5-9-1995,
repealed R.O. 1991 Chapter 410, which originally derived from Ord.
No. 525 §§ A – C, 3-5-1985. At the editor's discretion,
Ord. No. 775 § III, Exhibit A, Division 5, was inserted
as set out herein concerning subdivisions.
[R.O. 1991 § 410.010; Ord. No. 775 § III, 5-9-1995]
The purpose of the regulations in
this Chapter is to control the development of land within the planning
jurisdiction of the City. "Development of land" means the extension
or opening of streets (public or private), the extension or provision
of utilities, the subdividing of land into lots and blocks, and the
parceling of land for non-agricultural purposes resulting in the need
for street access and public utilities.
[R.O. 1991 § 410.020; Ord. No. 775 § III, 5-9-1995]
This Chapter is designed to promote
the health, safety, and general welfare of the citizens, to ensure
the development of the City and its environs in accordance with the
plan or plans in effect, and to provide for an adequate street system
for convenient and safe movement of traffic. This Chapter will assist
in safeguarding owners, lessees, and tenants as to the proper location
of property lines, building lines, and easements.
[R.O. 1991 § 410.030; Ord. No. 775 § III, 5-9-1995]
This Chapter shall apply within the
area planning jurisdiction as indicated on the planning area map,
on which planning area boundaries have been filed with the City Clerk
and the County Recorder.
[R.O. 1991 § 410.040; Ord. No. 775 § III, 5-9-1995]
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:
A minor public way used primarily for vehicular service access
to the rear of property abutting a street.
A line parallel to the property line where the land between
these two (2) lines is open and unobstructed by improvements.
A grant by the property owner for the use by the public,
a corporation, or person, of a strip of land for specified purposes.
A portion of a subdivision, or any other parcel of land,
intended as a unit of transfer of ownership or for development.
A map containing information necessary to transfer, to locate,
and to survey property indicated thereon.
A major public way intended for vehicular traffic and providing
the principal means of access to the abutting property.
Any person, estate, or trust, or any other group or combination
acting as a unit who may desire to develop land within the purpose
and intent of this Chapter.
The division of a parcel of land into two 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.
[R.O. 1991 § 410.050; Ord. No. 775 § III, 5-9-1995]
A.
Before the City Planning and Zoning Commission
shall approve a plat for record, the subdivider shall show the following
information on his/her plat or plats:
1.
Name of subdivision and its owner,
the scale of the plat, points of the compass, and a small diagram
showing the subdivision's general location.
2.
The boundary lines of the proposed
subdivision by accurate distances and bearings.
3.
The lines of all proposed streets
and alleys with their respective widths and names.
4.
Accurate outlines of all such other
parts of the property as shall be intended to be dedicated or granted
for public use.
5.
The angle of intersection of one
(1) street with another.
6.
Date, map, scale, and North arrow.
7.
All lot lines, with all lots and
blocks marked in a uniform manner for identification.
8.
The respective locations of all building
lines and the location and dimensions of every piece of ground in
which an easement is granted for public use, services, or utilities.
9.
All dimensions, both linear and angular
necessary for locating the boundaries of the subdivision, lots, streets,
alleys and easements and any other areas intended for public use or
reserved for private use, such linear dimensions to be given to the
nearest one hundredth (1/100th) of a foot.
10.
The locations and descriptions of
all survey monuments and bench marks.
11.
Certificate of approval of the City
Planning and Zoning Commission.
12.
A certificate by the surveyor on
whose survey the boundaries of the proposed subdivision and the lines,
locations, and dimensions shown by the final plat are based. This
certificate shall attest the accuracy of the survey and the correct
showing thereof by such plat of the locations of all monuments, and
shall give a true description of the boundaries of the subdivision.
The certificate shall be in form and language substantially as follows:
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SURVEYOR'S CERTIFICATE
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I, ______________, County Surveyor
of Audrain County, Missouri (or other proper designation if he/she
be not said official surveyor), certify that on the _____ day of ______________,
20__, I surveyed the land that constitutes the proposed ______________
Subdivision that is shown by the plat on the paper on which this certificate
is inscribed; that said survey was accurately made and is correctly
represented by said plat; that the locations of all monuments shown
on said plat are correctly shown; and that a true description of the
boundaries of said subdivision is as follows:
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"(description of tract boundary lines)"
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I make this certificate on the ______
day of ___________, 20__.
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___________________________________
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SURVEYOR
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13.
An affidavit of ownership and a dedication
deed by the owner, which instrument shall identify the plat and contain
the owner's dedication of all streets and alleys and all parks and
other open spaces shown thereon, to public use forever. The owner,
by deed, shall grant also all easements required and noted on the
plat. The affidavit and dedication deed shall be in form and language
substantially as follows:
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AFFIDAVIT OF OWNERSHIP
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and
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DEDICATION DEED
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______________________ (name of owner)
______________________, of lawful age and first having been duly sworn,
states on oath that he/she is the owner of the land described in the
Surveyor's Certificate inscribed on this plat; that, to the affiant's
best knowledge and belief, no other person and no corporate body or
public agency has any right, or any title or mortgage interest, in
said land; and that owner has caused said tract of land to be surveyed
and divided into lots as shown on this plat, the name of said tract
to be ______________________ Subdivision; and said owner hereby dedicates
to the public use forever, as streets, the areas shown as such on
said plat and grants to the City of Vandalia and future owners of
lots in said subdivision perpetual easements in said land, as shown
on said plat, for the construction and maintenance of utilities by
said City for the benefit of present and future owners and residents
of said lots.
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IN WITNESS WHEREOF, said owners(s)
subscribe(s) this instrument on the ______ day of ______, 20___.
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_______________________________
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_______________________________
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STATE OF MISSOURI
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)
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) SS.
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County of Audrain )
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)
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On this _____ day of _________, 20___,
before me personally appeared _______ (and his wife, ________, both)
known to me to be the person(s) described in, and who signed, the
foregoing instrument, and declared on his or her oath that ___________
(name of owner) is (are) the owner(s) of the land described in the
Surveyor's Certificate inscribed in this plat and that, to _____________
best knowledge and belief, no other person and no corporate body or
public agency has any right, or any title or mortgage interest, in
said land. Said person(s) so appeared before me also acknowledged
that __________ executed said instrument as ___ free act and deed.
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My Commission extends to _______________________________.
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______________________________
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(SEAL)
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Notary Public for said
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County of Said State.
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If such affidavit and deed are being
made on behalf of a corporation, they and the certificate of acknowledgement
shall be in form and language appropriate for such purpose.
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14.
A prepared certificate for the City
Clerk to sign after approval of the final plat by the Board of Aldermen,
to attest such approval and the date and manner thereof. Such certificate
shall be in form and language substantially as follows:
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CITY CLERK'S CERTIFICATE
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I, ______________________, City Clerk
of the City of Vandalia, Missouri, certify that the ______________________
Subdivision plat on the paper on which this certificate is inscribed
was examined by the Board of Aldermen of said City and thereafter
was approved by Ordinance No. _____________ on the _________ day of
_____________________, 20___.
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IN WITNESS WHEREOF, I subscribe this
certificate and affix thereto the official seal of the City on the
_____ day of _____, 20_____.
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______________________________
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CITY CLERK
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(SEAL)
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[R.O. 1991 § 410.060; Ord. No. 775 § III, 5-9-1995]
Plats shall be prepared on sheets
no larger than twenty-four (24) by thirty-six (36) inches and no smaller
than twelve (12) by eighteen (18) inches at a scale of not more than
one (1) inch equals two hundred (200) feet on linen or other suitable
drafting medium. When more than one (1) sheet is needed, an index
or a key sheet shall be provided.
[R.O. 1991 § 410.070; Ord. No. 775 § III, 5-9-1995]
All boundary corners of a proposed
subdivision and all corners of all street intersections shall be marked
by permanent monuments. These monuments shall be constructed of concrete,
with a steel pipe imbedded in the center of said concrete, with sides
each at least four (4) inches wide, and shall extend down below the
frost line of the ground; or such a monument may consist of a steel
pipe at least one (1) inch in diameter and firmly imbedded in concrete
that extends below the frost line. Should local conditions make it
impracticable to place such a marker on the line that is being marked,
an offset markings shall be permitted, in which case the exact offset
course and distance shall be shown on the subdivision plat.
[R.O. 1991 § 410.080; Ord. No. 775 § III, 5-9-1995]
The subdivision plat shall conform
to all official plans currently in effect.
[R.O. 1991 § 410.090; Ord. No. 775 § III, 5-9-1995]
A.
The character and location of all streets
shall conform with official plans including minimum width of rights-of-way
fifty (50) feet. The City Planning and Zoning Commission may permit
adjustments in the location of major streets due to topographical
conditions and public convenience and safety.
B.
For streets not indicated on official plans,
the arrangement of streets in the subdivision may provide for the
continuation of appropriate projection of existing principal streets
in surrounding area except where topographical or other conditions
make continuance or conformance to existing streets impractical.
C.
The location and alignment of local service
streets should be such that their use by through traffic will be discouraged.
D.
Street intersections should be, insofar
as practical, at right angles.
E.
Street jogs and centerline offsets of less
than one hundred and twenty-five (125) feet should be avoided.
F.
Street grades should be of sufficient slope
to ensure drainage of storm or surface water into natural or man-made
ditches.
[R.O. 1991 § 410.100; Ord. No. 775 § III, 5-9-1995]
Where public water is available to
the subdivision, each lot in the subdivision shall be provided water
in accordance with the policies and standards established by City
Code.
[R.O. 1991 § 410.110; Ord. No. 775 § III, 5-9-1995]
A.
Where sanitary sewers are available to
the subdivision, each lot in the subdivision shall be provided sanitary
sewers in accordance with the policies and standards established by
City Code.
B.
When the subdivision cannot be served by
an existing sanitary sewer, the disposal of sewage shall be provided
in accordance with the policies and standards established by City
Code.
[R.O. 1991 § 410.120; Ord. No. 775 § III, 5-9-1995]
Streets shall be improved by the
subdivider in accordance with the policies and standards established
by the City as being minimum for acceptance of dedication and maintenance
of streets.
[R.O. 1991 § 410.130; Ord. No. 775 § III, 5-9-1995]
A.
The subdivider shall provide one (1) of
the following in respect to any improvement or improvements required:
1.
Evidence of installation of improvements
in the form of a certificate containing the signatures of the City
Administrator or other designated representative.
2.
A performance bond based on equal
value of the City Engineer's estimated cost of the improvements.
3.
A deposit with the City of a sum
equal to the City Engineer's estimated cost of improvements. The developer
may be permitted to draw on his/her deposit upon satisfactory completion
of various stages of his/her improvements.
B.
The City Administrator shall designate
the official or officials who shall be responsible for certifying
proper installation of required improvements.
[R.O. 1991 § 410.140; Ord. No. 775 § III, 5-9-1995]
A.
The City Planning and Zoning Commission
shall require the following of the developer for plat approval:
2.
If only a portion of the land is
intended for immediate development, at minimum, a plan layout for
the entire area shall be supplied to City Officials to ensure that
the purposes and intent of these regulations are complied with.
3.
Evidence of installation of improvements
where required.
4.
Conformance with all other provisions
of this Chapter.
[R.O. 1991 § 410.150; Ord. No. 775 § III, 5-9-1995]
A.
No plat shall be accepted for record until
reviewed by City staff, reviewed by the Planning and Zoning Commission,
and approved by the Board of Aldermen.
B.
No publicly or privately owned utility
shall extend its facilities to service an area within the City limits
unless one of the following applies:
1.
The extension is to an area where
a subdivision plat of record existed prior to May 9, 1995.
2.
The extension is to an area where
a plat of record has been approved by the City Planning and Zoning
Commission.
3.
Installation of utilities, or acceptance
of a performance bond in the amount of the City Engineer's estimated
cost of the utilities, is required before the plat can receive approval
for filing of record. In the event, the City Planning and Zoning Commission
will grant the utilities permission to extend facilities in accordance
with specified plans; however, no building permit will be provided
until all utilities are installed and accepted.
C.
No deed shall be accepted for record by
the County Recorder pertaining to land within the corporate area unless
such deed is referenced to a plat of record. This provision shall
not prohibit the sale of land of record as of May 9, 1995.
