[R.O. 1991 § 425.010; Ord. No. 2901-14 § 1, 8-5-2014[1]]
This Chapter shall be known, cited and referred to as the "Subdivision Regulations of Smithville, Missouri."
[1]
Editor's Note: Section 1 of this ordinance also repealed former Ch. 425, Subdivision Regulations, adopted 3-13-1978 by Ord. No. 712 §§ 1-101 — 13-101, as amended.
[R.O. 1991 § 425.020; Ord. No. 2901-14 § 1, 8-5-2014]
A. 
The purpose and intent of these regulations is to regulate the subdivision and improvement of land for urban use, to provide for adequate light, air, open space, drainage, transportation, public utilities and other needs; to assure the maintenance of health, safety and an attractive and efficient community; and to encourage the economical use of human and natural resources.
B. 
The subdivision of land is the first step in the process of urban development. The arrangement of land parcels in the community for residential, commercial and industrial uses and for streets, alleys, schools, parks and other public purposes provides the basic framework for the uses of land and for the arrangement of the community.
C. 
These regulations are designed, intended and should be administered in a manner to:
1. 
Implement the City's adopted Comprehensive Plan.
2. 
Provide for neighborhood conservation and prevent the development of slums and blight.
3. 
Harmoniously relate the development of the various tracts of land in the City to the existing community development and facilitate and coordinate the future development of adjoining tracts.
4. 
Provide the best possible design for the tract being subdivided and developed.
5. 
Reconcile the diverse interests of the subdivider, adjacent property owners and the City.
6. 
Coordinate the provision of streets within subdivisions with existing and planned streets and with other features of the Comprehensive Plan and Official Map.
7. 
Ensure that all necessary public utilities and facilities are provided and are or will be available, accessible and adequate, pursuant to adopted City standards and requirements, at the time of subdivision or development.
8. 
Establish adequate and accurate records of land subdivision.
[R.O. 1991 § 425.030; Ord. No. 2901-14 § 1, 8-5-2014]
This Chapter is enacted pursuant to the authority of Sections 89.010 through 89.490, RSMo., and Chapter 445, RSMo., together with all other statutory and legal authority which now, or which may in the future, provide authority for subdivision regulations. These regulations may, from time to time, be amended by the Board of Aldermen in accordance with the law.
[R.O. 1991 § 425.040; Ord. No. 2901-14 § 1, 8-5-2014]
A. 
Hereafter, every owner or subdivider of any lot, tract or parcel of land situated within the corporate limits of the City who may seek to subdivide the same into two (2) or more parts for the purpose of laying out any subdivision or any additions thereto shall comply with the provisions of these regulations, unless otherwise exempted pursuant to this Section.
B. 
The following activities do not require subdivision approval by the City; however, the City shall not extend utilities, provide access to public roads nor issue building permits for the development of any property which has not received final plat approval, except as otherwise provided by these regulations:
1. 
The public acquisition of land for the widening of existing streets.
2. 
Any lot, parcel or tract of land located within the area governed by these regulations which has been legally subdivided, resubdivided or replatted prior to the adoption of these regulations.
3. 
Any transfer by operation of law, or division of property through inheritance, the probate of an estate or by order of a court of law.
4. 
The creation of leasehold space within a multi-occupant building, such as a condominium, or a commercial building site which does not abut a public street, or the division of property into such leaseholds, provided that the property is a part of an approved subdivision or addition and regulated in accordance with the site plan requirements of the City, and the plat has been amended as may be required to add easements or otherwise serve the leasehold(s). For purposes of this action, a leasehold abuts a public street if it is immediately adjacent to a public street or if it is so close to a public street that no usable property lies between the leasehold and the public street.
[R.O. 1991 § 425.050; Ord. No. 2901-14 § 1, 8-5-2014]
All plats reviewed under the provisions of these regulations shall conform to all Zoning Ordinance provisions[1] for the district in which the plat is to be located. All required zoning changes or zoning variances shall be made prior to approval of the final plat by the Board.
[1]
Editor's Note: See Ch. 400, Zoning Regulations.
[R.O. 1991 § 425.060; Ord. No. 2901-14 § 1, 8-5-2014]
A. 
Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.
B. 
Conflict With Other Laws. These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulations, statute or other provision of law except as specifically provided in these regulations. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations, or other provision of law, the provision which is more restrictive or imposes higher standards shall control.
C. 
Separability. If any part or provision of these regulations or the application of these regulations to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment has been rendered, and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. The Board hereby declares that it would have enacted the remainder of these regulations without any such part, provision or application which is judged to be invalid.
[R.O. 1991 § 425.070; Ord. No. 2901-14 § 1, 8-5-2014]
All applications for plat approval, including final plats, pending on the effective date of adoption of these regulations and which have not lapsed shall be reviewed pursuant to the regulations in effect at the time of such approval.
[R.O. 1991 § 425.080; Ord. No. 2901-14 § 1, 8-5-2014]
A. 
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 Board of Aldermen or Planning and 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 the Board of Aldermen or Planning and Zoning Commission and the sale is contingent upon the approval of such plat by the Board of Aldermen or Planning and Zoning Commission. Any person violating the provisions of this Subsection 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.
B. 
It shall be unlawful for any person to violate any of the provisions of these regulations or to neglect or to refuse to comply with any applicable provisions of these regulations.
C. 
Nothing contained in this Section shall be construed to mean that any other remedy authorized by law to address any violation of these regulations is excluded, but the provisions above are in addition to any other such provision.
D. 
Penalties for violations herein shall be in accordance with Section 100.220.
[R.O. 1991 § 425.090; Ord. No. 2901-14 § 1, 8-5-2014; Ord. No. 3239-24, 10-15-2024]
For all applications in this Chapter 425, a fee in an amount determined by the Board of Aldermen and contained in its' Schedule of Fees shall be paid. In addition to the application fee, the applicant shall pay for all costs associated with any required technical studies and the City's review of such studies, as well as reimburse the City for all expenses associated with any notices and/or mailings provided because of any application herein.