[R.O. 2006 §405.010; Ord. No. 407 Art. I, 11-16-1981; Ord. No. 2087 §I, 4-2-2013]
This Chapter shall be known as the "Subdivision Regulations of the City of Warrenton, Missouri".
[R.O. 2006 §405.020; Ord. No. 407 Art. I §1, 11-16-1981; Ord. No. 2087 §I, 4-2-2013]
The subdivision of land is the first (1st) 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 will determine to a large degree the conditions of health, safety, economy, and amenity that prevail in the urban area. The quality of these conditions is of public interest. These regulations and standards for the subdivision and improvement of land for urban use are to make provision for adequate light, air, open space, drainage, transportation, public utilities and other needs to ensure the development and maintenance of a healthy, attractive, and efficient community that provides for the conservation and protection of its human and natural resources.
These regulations are designed, intended, and should be administered in a manner to:
Implement Warrenton's Comprehensive Plan.
Provide neighborhood conservation and prevent the development of slums and blight.
Harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of adjoining tracts.
Provide that the cost of improvements which primarily benefit the tract of land being developed be borne by the owners or developers of the tract, and that cost of improvements which primarily benefit the whole community be borne by the whole community.
Provide the best possible design for the tract.
Reconcile any differences of interest.
Establish adequate and accurate records of land subdivision.
[R.O. 2006 §405.030; Ord. No. 407 Art. I §2, 11-16-1981; Ord. No. 2087 §I, 4-2-2013]
These Subdivision Regulations and minimum standards for land development are adopted by ordinance passed by the Board of Aldermen under the authority granted by Section 89.410, RSMo.
[R.O. 2006 §405.040; Ord. No. 407 Art. I §3, 11-16-1981; Ord. No. 2087 §I, 4-2-2013]
Except in the case of re-subdivision, this Chapter shall not apply to any lot or lots forming a part of a subdivision recorded in the office of the Recorder of Warren County, Missouri, prior to the effective date of this Chapter (September, 1981). Nor is it intended by this Chapter to repeal, annul or in any way impair or interfere with existing provisions of other laws or ordinances except those specifically repealed by, or in conflict with this Chapter, or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the City is a party. Where this Chapter imposes a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this Chapter shall control.
[R.O. 2006 §405.050; Ord. No. 407 Art. I §4, 11-16-1981; Ord. No. 2087 §I, 4-2-2013]
For the purpose of these regulations, certain terms used herein are defined as follows:
- A public secondary means of access of abutting property, not intended for general traffic circulation.
- AS-BUILT PLANS
- Construction/improvement plans revised to show a facility or structure as actually constructed as it appears on the tract of land involved bearing the seal of a professional engineer or surveyor registered in the State of Missouri.
- 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 green strips, rural land or drainage channels or a combination thereof.
- BUILDING LINE OR SETBACK LINE
- A building line limit fixed by setback requirements at a specific distance from the front, rear and side boundaries of a lot, beyond which a structure cannot lawfully extend.
- A grant by the property owner to the public, a corporation, or persons of the use of a strip of land for specific purposes.
- GENERAL PLAN
- The Comprehensive Development Plan for the City which has been officially adopted to provide long-range development policies for the area subject to urbanization in the foreseeable future and which includes, among other things, the plan for land use, land subdivision, circulation, and community facilities.
- Any structural, material or physical change incident to servicing or furnishing facilities for a subdivision such as, but not limited to, the removal of trees and other vegetative cover, demolition of structures, grading, street pavements, curb and gutter, driveway approaches, sidewalks and pedestrian ways, utilities, water mains, water lines, water valves and fire hydrants, sanitary sewers, storm sewers, culverts, bridges, lakes, waterways, canals, detention/retention basins, planting and landscaping, and other appurtenant construction.
- IMPROVEMENT/CONSTRUCTION PLANS
- The engineering plans showing the types of materials and construction details for the physical structures and facilities, excluding dwelling units to be installed both in, or in conjunction with, the proposed subdivision bearing the seal of a professional engineer.
- A portion of land (whether of a platted subdivision or otherwise) defined by metes, bounds or boundary lines in a recorded deed or on a recorded plat, occupied or intended to be occupied by a building or use and its accessories, together with such yards as are required under the provisions of this Title, having not less than the minimum area, width and depth required by this Title for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as permitted in accordance with the provisions of this Title. The minimum area of a lot as defined herein must be an integral unit of land under unified ownership in fee or in continuancy, or under legal control tantamount to such ownership, which ownership or control must continue for the existence of the building or buildings permitted to be situated on the lot.
- LOT, CORNER
- A lot abutting two (2) or more streets at their intersection or two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five degrees (135°), the point of intersection of the street lines being the "corner".
- LOT, DOUBLE FRONTAGE
- A lot having a frontage on two (2) non-intersecting streets as distinguished from a corner lot.
- PLAT, FINAL/RECORD
- A map of a land subdivision prepared in a 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 areas, easements and other dimensions of land bearing the seal of a surveyor registered in the State of Missouri.
- 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.
- Any public or private right-of-way which affords the primary means of access to abutting property.
- STREET, COLLECTOR
- A minor street which collects traffic from other minor streets and serves as the most direct route to a major street or a community facility.
- STREET, CUL-DE-SAC
- A minor street having one (1) end open to vehicular traffic and having one (1) closed end terminated by a turnaround.
- STREET, FRONTAGE OR SERVICE
- A minor street auxiliary to and located on the side of a major street for service to abutting properties and adjacent areas and for control of access.
- STREET, MAJOR
- An arterial street which is designated on the Major Street Plan or Comprehensive Plan.
- STREET, MINOR
- Any street not classified as a major street on the Major Street Plan or Comprehensive Plan.
- Any person, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land as herein defined.
- 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.
[R.O. 2006 §405.060; Ord. No. 407 Art. I §5, 11-16-1981; Ord. No. 647 §§1 — 2, 7-3-1990; Ord. No. 1021 §I, 7-6-1998; Ord. No. 1426 §§I — II, 9-7-2004; Ord. No. 1671 §I, 1-16-2007; Ord. No. 2087 §I, 4-2-2013]
Plat Approval. For all cases of subdividing within the scope of these regulations, a preliminary and final/record plat of the land in question shall be drawn and submitted to the Planning and Zoning Commission and Board of Aldermen for approval or disapproval as provided below.
Official Recording. No plat or other land subdivision instrument shall be filed in the office of the County Recorder until the preliminary plat, a site specific set of improvement/construction plans and the final/record plat has been reviewed by the Planning and Zoning Commission and approved by the Board of Aldermen and signed by the Mayor as hereinafter set forth. All approved final/record plats shall be filed in the office of the County Recorder within sixty (60) days of date of approval of the ordinance by the Board of Aldermen and no lots shall be sold from any plat until recorded. Failure to record the final/record plat within sixty (60) days of the date of said approval shall void all approvals thereto unless an extension is requested and granted by the Board of Aldermen.
Agenda. Each plat submitted for preliminary or final approval shall be placed on the agenda of the Planning and Zoning Commission only after fulfilling the appropriate requirements of these regulations. However, a plat not meeting all of the requirements may be submitted providing the subdivider presents with the plat a written request for specific exceptions and enumerates in detail the reasons therefore.
Filing Fee. To defray partially the costs of notification and administration procedures, there shall be paid to the City Clerk at the time of submission of the preliminary plat a fee of one hundred twenty-five dollars ($125.00) up to and including the first fifty (50) lots, plus one dollar ($1.00) for each additional lot and a fee in the same amount at the time of submission of the final/record plat.
Per Section 405.400, if plans are not reviewed in-house, an engineering deposit in the amount of five hundred dollars ($500.00) is required. Any excess over the cost shall be refunded within ninety (90) days. Any shortage shall be billed to the applicant. Prior to issuance of any permit the shortage must be paid. The City of Warrenton reserves the right to have any submitted plan reviewed by an engineering/architectural firm. The applicant is responsible for all engineering/architectural firm plan review fees.
Boundary Changes. Two (2) lots with common property lines shall be exempted for the purpose of establishing a common boundary line from the procedural provisions contained in this Section and Sections 410.210 — 410.230 of these regulations, provided however, that all other provisions of these regulations, including those relating to design and improvements, shall be complied with, subject to the recommendation for approval by the Planning and Zoning Commission, and final approval by the Board of Aldermen. In addition to the applicant filing the appropriate document(s) with the Recorder of Deeds, the applicant shall file three (3) copies of the recorded document(s) containing all necessary certification and evidence of filing with the City Clerk.
Coverage. These regulations shall be applicable to the subdivision and improvements of land for residential, commercial and industrial uses and for streets, alleys, schools, parks and other public purposes as specified within the provisions of these regulations.