[R.O. 2012 §410.010; CC 2007 §410.010]
The owners of any land or lots as defined in this Chapter who
may desire to develop or subdivide the same for residential purposes
shall, before undertaking such development or subdivision, comply
fully with all of the following provisions.
[R.O. 2012 §410.020; CC 2007 §410.020]
For the purpose of this Chapter, certain terms and words are
defined as follows:
BUILDING LINE
A line on a plat between which line and street or private
way no building or structures may be erected.
OWNER
Any person, corporation, partnership or other business entity
owning fee title or possessing a superior right to develop and/or
subdivide.
PLAT
A map, drawing or chart on which the subdivider's plan of
the subdivision is presented, and which he/she submits for approval
and intends in final form to record as prepared by a civil engineer
licensed or qualified by registration in the State of Missouri.
SUBDIVISION/SUBDIVIDE
A parcel of land divided 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. 2012 §410.030; CC 2007 §410.030]
A. Preliminary Approval By City Planning And Zoning Commission.
1. Whenever the owner of any tract or parcel of land within the corporate limits of the City of Pierce City wishes to make a subdivision of same, he/she shall cause to be prepared a preliminary plan of said subdivision and shall submit said preliminary plan and other information to the City Planning and Zoning Commission for its preliminary study and approval. The preliminary plan shall contain such information and data as is outlined in Section
410.040.
2. The City Planning and Zoning Commission shall study such preliminary
plat to see if it conforms with the minimum standards and requirements
as outlined in this Chapter and shall approve or reject such plat
within sixty (60) days after the date of submission thereof to the
Planning and Zoning Commission. If the Commission does not act within
said period of sixty (60) days, the preliminary plat shall be deemed
to be approved; provided however, that the subdivider may agree to
an extension of the time for a period not to exceed sixty (60) days.
3. A certificate or statement shall accompany this preliminary and final
plat or map showing the compliance with the requirements under this
Chapter.
4. The subdivider shall also submit to the City Planning and Zoning Commission, for its approval or rejection, a final plat of the subdivision which shall contain the data and information outlined in Section
410.040 of this Chapter. The final plat and plans relating to construction data shall be prepared and shall bear the signature and seal of a civil engineer licensed to practice professional engineering in the State of Missouri. If the Commission approves the plat, such approval and date thereof shall be noted on the plat over the signatures of both the Chairperson and Secretary of the City Planning and Zoning Commission.
B. Approval By The Board Of Aldermen.
1. After approval of the subdivision by the City Planning and Zoning
Commission, it shall be submitted to the Board of Aldermen for final
approval or rejection and for acceptance or rejection of streets,
sidewalks, sewers, alleys, ways, easements, parks or other areas preserved
for or dedicated to the public.
2. If the City Planning and Zoning Commission does not approve the final
plan of the subdivision, the Board of Aldermen may approve said plan
and accept the public areas and easements thereon only by a four-fifths
(4/5) majority vote of the entire membership of the Board. Similarly,
the Board of Aldermen may reverse an affirmative decision of the City
Planning and Zoning Commission by a four-fifths (4/5) majority vote
of the entire membership of the Board. Two (2) copies of all final
plans shall be filed with the City Clerk after approval by the Board.
[R.O. 2012 §410.040; CC 2007 §410.040]
A. Each
subdivider of land should confer with the City Planning and Zoning
Commission or with the City Officials before preparing the preliminary
plat in order to become thoroughly familiar with the proposed comprehensive
plan or with regulations of the City affecting the territory in which
the proposed subdivision lies.
1. Preliminary plan. In seeking to subdivide land,
the owner shall submit seven (7) copies of a preliminary sketched
plan to the City Planning and Zoning Commission before submission
of the final plat. The preliminary plan shall be drawn to scale and
shall show the topography of the tract, the location of the proposed
streets, lot lines, building lines and any parks or open spaces. The
plan shall also show surrounding streets, lots, watercourses and sewers
or water mains. The scale of such preliminary plans shall not be less
than one (1) inch to one hundred (100) feet. The subdivider shall
submit a statement of the type of character of the improvements that
he/she proposes to install and an outline of the deed restrictions
and covenants that will be placed upon the subdivision.
2. Final plan. The final plan map on mylar and five
(5) prints thereof shall be submitted to the City Planning and Zoning
Commission. It shall show:
a. The block, section, United States survey or part thereof it purports
to represent.
b. The boundaries of the property; the lines of all proposed streets
and alleys with their width and names; and any other areas intended
to be dedicated to public use.
c. The lines of adjoining streets and alleys with their width and names.
d. All lot lines, building lines and easements with figures showing
their dimensions.
e. All dimensions, both linear and angular, necessary for locating boundaries
of the subdivided area or of the lots, streets, alleys, easements
and building line setbacks and any other similar public or private
uses. The linear dimensions shall be expressed in feet and decimals
of a foot.
f. Radii, arcs and chords, points of tangency, central angles for all
curvilinear streets and radii for all rounded corners.
g. All monuments together with their descriptions.
h. Title and description of property subdivided showing its location
and extent, points of compass, scales of plans and name of subdivider
and of engineer staking the lots.
i. Plan and profile of all streets, storm and sanitary sewers, water
lines and drainage structures together with their drainage area, cross
sections of street and sidewalk gradients and proposed construction.
j. Any private restrictions and trusteeships of expiration or reference
made to them on the plat; the plat shall contain proper acknowledgements
of owners and mortgagees accepting said plat and restrictions.
k. A certificate shall accompany the final plat showing that all taxes
due shall have been previously paid.
[R.O. 2012 §410.050; CC 2007 §410.050]
Such map or plat shall be acknowledged by the owner before some
official authorized by law to take acknowledgments of conveyances
of real estate and recorded in the office of the Recorder of Deeds
of Lawrence County; provided however, that if such map or plat be
of land situated within the corporate limits of the City, it shall
not be placed of record until it shall have been submitted to and
approved by the Board of Aldermen of the City, by ordinance, duly
passed and approved by the Mayor and such approval endorsed upon such
map or plat under the hand of the Clerk and the Seal of the City,
nor until all taxes against the same shall have been paid; and before
approving such plat, the Board of Aldermen may, in its discretion,
require such changes or alterations thereon as may be found necessary
to make such map or plat conform to any zoning or street development
plan which may have been adopted or appear reasonably related to the
requirements of the duly enacted ordinances of the City appertaining
to the laying out and platting of subdivisions of land within their
corporate limits.
[R.O. 2012 §410.060; CC 2007 §410.060]
A. No
subdivision plat shall be approved by either the Planning and Zoning
Commission or by the Board of Aldermen unless it conforms to the following
minimum standards and requirements:
1. Relation to adjoining street system. The arrangement
of streets in new subdivisions shall make provisions for the proper
location and width of streets. The subdivider may be required to continue
certain existing or planned streets through or adjacent to the area
that is being subdivided, whenever same is necessary to provide for
local movements of vehicles or to enable adjoining property to be
properly subdivided.
2. Streets and alley widths.
a. All major through streets shall have a fifty (50) foot right-of-way
in width with a minimum paved width of thirty (30) feet. The paved
width shall be measured from back to back of curbs and gutters.
b. All minor streets shall have a forty-five (45) foot right-of-way
with a minimum paved width of twenty-six (26) feet. The paved width
shall be measured from back to back of curbs and gutters.
c. Alleys should not be provided in residential districts. Alleys will,
however, be required in the rear of all business lots and shall be
at least twenty (20) feet wide.
d. Where it is desirable to subdivide a tract of land which because
of its size or location does not permit a normal street arrangement,
there may be established one (1) or more "places". Such a place may
be in the form of a court, a cul-de-sac or other arrangement, except
that it shall not end in a dead-end street. All "places" or cul-de-sacs
shall have a circle at the end with a minimum of sixty (60) feet turning
radius.
e. Adequate provision shall be made adjacent to commercial buildings
for public street parking areas in accordance with minimum standards
and requirements in conformity with other laws of the City of Pierce
City.
3. Easements.
a. Where alleys are not provided, easements of not less than ten (10)
feet in width shall be provided on each side of all rear lot lines,
and side lines where necessary, for poles, wires, conduits, storm
and sanitary sewers, gas, water and heat mains. Easements of greater
width may be required along lines or across lots where necessary for
the extension of main sewers and similar utilities.
b. Whenever any creek, stream or important surface watercourse is located
in an area that is being subdivided, the subdivider shall, at his/her
own expense, make adequate provisions for straightening or widening
the channel so that it will properly carry the surface water and shall
stabilize and secure the creek banks so that the same will be free
from erosion, and the subdivider shall also provide and dedicate to
the City an adequate easement along each side of the watercourse,
which easement shall be for the purpose of widening, improving or
protecting the same and for recreational uses.
4. Lots. The minimum area of any lot in a subdivision
shall not be less than the minimum lot area requirements of the zoning
districts in which the area is located.
5. Building lines. Building lines shall be shown on
all lots intended for residential use of any character and on commercial
lots immediately adjoining residential areas. Such building lines
shall not be less than required by the Zoning Code of the City.
6. Improvements. Before the final plat of any subdivided
area shall be approved and recorded, the subdivider shall make and
install the improvements described in this Subsection. In lieu of
final completion of the minimum improvements before the plat is finally
approved, the subdivider will post a surety bond, which bond will
insure to the City that the improvements will be completed by the
subdivider within one (1) year after the final approval of the plan.
The amount of the bond shall not be less than the estimated cost of
improvements, and the amount of the estimate must be approved by the
Board of Aldermen. If the improvements are not completed within the
specified time, the Board of Aldermen may use the bond or any necessary
portion thereof to complete the same.
The minimum improvements installed in any subdivision before
the plat can be finally approved shall be in accordance with the following
Subparagraphs:
a. The subdivider shall grade and improve all new streets within the
subdivision area. All such streets shall conform to the minimum structural
standards as established by Pierce City. The paving on all new streets
shall be concrete. Curbs and gutters shall be of concrete and conform
to the minimum requirements and standards as established by Pierce
City.
b. The subdivider shall pay the cost of all labor, materials and incidental
expense required for the installation of water mains and fire hydrants
in the subdivided area.
c. The subdivider shall install sanitary sewers in conformance with
the minimum requirements and receive prior approval of the Board of
Aldermen of Pierce City.
d. The subdivider shall, when necessary, install storm sewers to provide
drainage of the development in conformance with minimum requirements
and receive prior approval of the Board of Aldermen of Pierce City.
7. Street names.
a. Streets that are obviously in alignment with others already existing
and named shall bear the names of the existing streets. New street
names shall be approved by the Board of Aldermen.
b. Before the final plan for the subdivision shall be approved, the
subdivider shall submit to the Board of Aldermen a statement from
the local Postmaster approving the name of the proposed streets and
of the proposed system of postal addresses along such streets.
[R.O. 2012 §410.070; CC 2007 §410.070]
Whenever the strict enforcement of these regulations would entail
unusual difficulties or hardships, the Planning and Zoning Commission
and Board of Aldermen of Pierce City may vary or modify them in such
a way that the subdivider be allowed to plan and develop the property
and record a plat of same; provided however, that the public welfare
and interests of the City be fully protected and the general intent
and spirit of the regulations preserved.
[R.O. 2012 §410.080; CC 2007 §410.080]
A. No
plat of any subdivision shall be entitled to record in the Lawrence
County Recorder's office or have any validity until it shall have
been approved in the manner prescribed herein.
B. The
Board of Aldermen of the City of Pierce City shall not permit any
public improvements over which it has any control to be made or any
money expended for improvements in any area that has been subdivided
or upon any street that was platted after December 31, 1996, unless
such subdivision or street has been approved in accordance with the
provisions contained herein.
C. Any
person who deems himself/herself aggrieved by any final action of
the Board of Aldermen in refusing to approve a plan for the design
or development of new subdivisions, as herein provided for, may appeal
to the Circuit Court of Lawrence County from such final order or decision
of the Board of Aldermen.
[R.O. 2012 §410.090; CC 2007 §410.090]
Any owner violating the provisions of this Chapter is guilty
of a misdemeanor and upon conviction thereof shall be fined not less
than one hundred dollars ($100.00) nor more than five hundred dollars
($500.00) or by confinement in the County Jail for not more than one
(1) year, or by both such fine and confinement.