[Ord. No. 192 §100, 12-2-1986; Ord. No. 537 §1, 7-3-2006]
The purpose of these regulations is to provide requirements
for the coordinated development of the municipality; for the coordination
of streets within subdivisions with other existing or planned streets
or with other features of the City Plan or Official Map of the municipality;
for adequate open spaces for traffic, recreation, light and air; for
a distribution of population and traffic; to provide the extent and
the manner in which the streets of the subdivision or any designated
portions thereto shall be graded and improved; to provide requirements
as to the extent and manner of the installation of all utility facilities;
and to provide a method for approval of plats of subdivisions; all
of which is adopted under the authority granted by the Revised Statutes
of Missouri and in particular Sections 89.300 to 89.490, inclusive.
The municipality is authorized to enter into all manner of contracts
and agreements with developers and subdividers in furtherance of the
purposes set forth herein, including agreements authorizing the construction
and installation of utilities and improvements of a public purpose
by developers and subdividers and requiring reimbursement of the costs
of such construction and installation from the owners of real estate
adjoining or deriving benefit from such utilities and improvements
in proportion to the benefit derived from such utilities and improvements.
[Ord. No. 192 §200, 12-2-1986]
A.
These
regulations shall apply to the following forms of subdividing and
redividing of land within the jurisdiction of the City of Rogersville.
1.
The division of a lot, tract or parcel of land into two (2) or more
lots, tracts or other division of land for the purpose of sale or
of building development, whether immediate or future, including the
resubdivision or replatting of land or lots, any of which constitute
less than ten (10) acres.
2.
The dedicating, vacating or reserving of a public or private easement
through any tract of land regardless of the area involved, including
those for use by public and private utility companies.
3.
The dedicating of any street or alley through any tract of land regardless
of the area involved.
4.
No person, owner or agent shall record in the office of the Recorder
of Deeds any plat, subdivision or other division of any lands (any
of which is less than ten (10) acres) within the jurisdiction of Rogersville
until a plat of such division has been approved in conformity with
the provisions herein set forth.
[Ord. No. 729 §6, 8-1-2011]
A.
Administrative
actions are divisions or combinations of property which the City Administrator
has the authority to approve in accordance with this Article. Classification
of a subdivision as anything other than a platted subdivision shall
not be construed as a waiver of any requirements of these regulations
nor the provisions of any other ordinance or Statute pertaining to
the property. Administrative actions are limited to the following
and shall meet the conditions for each as described herein:
1.
Administrative re-plat. The subdivision of land
shall be classified as an administrative re-plat if an existing lot
in a previously recorded subdivision is subdivided into not more than
two (2) tracts, parcels or lots, and does not include the dedication
of a new street or other public way or change in existing streets
or alleys. An administrative re-plat may be considered if it meets
the following:
a.
The configuration of the property was created by a court decree or
order resulting from testamentary or intestate provisions; or
b.
The proposed administrative subdivision is part of a previously final
platted and recorded subdivision.
c.
No more than two (2) new lots will be created from each lot created
by a previously recorded subdivision.
d.
The proposed subdivision does not include the dedication of a new
street or other public way or change in existing constructed streets
or alleys.
e.
The right-of-way adjacent to the proposed subdivision meets the widths
prescribed by this Code and by the City Engineer, or the proposed
subdivision includes the dedication of additional right-of-way necessary
to provide the prescribed right-of-way width.
f.
Each lot of the proposed subdivision is already served by public
sanitary sewer and public potable water facilities.
g.
Each lot is already served by storm water conveyance and/or detention
facilities, whether public or private; or construction of private
stormwater conveyance and/or detention facilities is proposed to be
deferred to time of development in compliance with the following conditions:
(1)
A plat note is included on the administrative re-plat requiring
the construction of the private storm water conveyance and/or detention
facilities prior to issuance of a building permit;
(2)
The subdivider submits preliminary design plans with application
for the administrative re-plat sufficient to show that the proposed
private storm water conveyance and/or detention facilities be engineered
to function as proposed; and the City Engineer approves the concept
set forth in the preliminary design.
h.
Each lot of the proposed subdivision has sidewalks meeting current
City standards, or security for the construction of sidewalks is provided
as set forth in this Code.
i.
The proposed subdivision is in compliance with all other provisions
of this Article, the zoning ordinance and other ordinances and regulations
of the City and no substandard tract, parcel or lot will be created.
j.
The proposed subdivision will not result in substantial impact on
public infrastructure nor interfere with the maintenance of existing
service levels.
k.
The proposed subdivision is consistent with the surrounding area
in terms of the size and dimension of lots previously developed, the
layout and design of the existing subdivision.
l.
The administrative re-plat must be prepared according to final plat standards as shown in Section 410.060 including all required legal descriptions, certifications and dedications except those referencing the Planning and Zoning Commission or the Board of Aldermen. The title must read as "Administrative Re-plat of Lot ______ of ______ (prior subdivision name)".
|
|
A request for an administrative re-plat may be filed in the
office of the City Administrator. The City Administrator may require
submission of any and all information, material and documents necessary
to determine compliance with these regulations. The Administrator
shall review the application and submit the application for review
by the City Engineer at the expense of the subdivider. Upon approval
by the City Engineer, the City Administrator may approve the application
for re-plat. If the administrative re-plat is denied, the subdivider
will be notified and shall have the right to approach the Planning
and Zoning Commission for consideration. Upon approval and signature
by the City Administrator, the administrative re-plat must be recorded
at the County Recorder's office within thirty (30) days of acceptance.
|
2.
Lot combination. The assembly or combination of
contiguous existing tracts of record. An administrative lot combination
may be considered if it meets the following:
a.
The configuration of the property was created by a court decree or
order resulting from testamentary or intestate provisions; or
b.
A finding by the City Administrator that the proposed lot combination
does not substantially increase the potential for development or does
not substantially increase demands on public infrastructure serving
existing and proposed tracts, parcels or lots, and the following conditions
are satisfied:
(1)
The proposed lot combination is in compliance with all other
provisions of this Article, the zoning ordinance and other ordinances
and regulations of the City and no substandard tract, parcel or lot
will be created; and
(2)
The proposed lot combination will not create any tract, parcel
or lot which does not meet the minimum lot standards of the zoning
district in which it is located; and
(3)
The proposed lot combination shall not cause any construction
over a public sanitary sewer line or sewer easement, water line or
water easement; and
(4)
The proposed lot combination is consistent with the surrounding
area. In determining consistency, the size and dimensions of lots
previously developed, the layout and design of the existing subdivision.
|
|
A request for an administrative lot combination may be filed
in the office of the City Administrator. The City Administrator may
require submission of any and all information, material and documents
necessary to determine compliance with these regulations. The Administrator
shall review the application and submit the application for review
by the City Engineer at the expense of the subdivider. Upon approval
by the City Engineer, the City Administrator may approve the application
for lot combination. In case the administrative lot combination is
denied, the subdivider will be notified and shall have the right to
approach the Planning and Zoning Commission for consideration. Upon
approval and signature by the City Administrator, the administrative
lot combination must be recorded at the County Recorder's office within
thirty (30) days of acceptance.
|
[Ord. No. 192 §300, 12-2-1986]
For the purposes of these regulations, the following words,
terms or phrases shall have the following meanings:
A dedicated right-of-way for public use giving secondary
vehicular access to properties otherwise abutting a street.
A series of lots entirely surrounded by public right-of-way,
railroad rights-of-way, parks, greenstrips or open land.
City legislative body of Rogersville.
A line indicating the setback requirements on certain major
streets in the City of Rogersville.
The City of Rogersville.
A sewage vault, septic tank and lateral field, sewage treatment
plant, sewage lagoon or other sanitary means of disposing of waste
materials with the right of unrestricted use by two (2) or more occupants
of separate lots.
A well or other sanitary source of water for human consumption
with the right of unrestricted use by two (2) or more occupants of
separate lots.
See "SUBDIVIDER".
A grant by the property owner to the public, a corporation
or persons, of the use of a strip of land for specific use.
A subdivision of a parcel of land intended for development
or transfer of ownership, whether immediate or future.
A lot located at an intersection abutting two (2) or more
streets.
City Planning and Zoning Commission of Rogersville.
A map of land subdivision prepared in a form suitable for
filing of record with necessary affidavits, dedications and acceptance
and with complete bearings and dimensions of all lines defining lots
and blocks, streets, alleys, public areas and other dimensions of
land.
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.
Away for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
land, place, or however otherwise designated.
A street designed for, or used primarily for, fast or heavy
traffic.
A street designed for, or used primarily to carry traffic
from local (minor) streets to the major street system (arterials,
etc.) including the principal entrance streets of residential development.
A local street having one (1) end open to vehicular traffic
and having one (1) closed end terminated by a turnaround.
A minor or local street auxiliary to and located on the side
of a major or arterial street for service to abutting properties and
adjacent areas and for control of access.
A minor street designed for or used primarily for access
to abutting properties.
Any street not dedicated to the City or County as a public
thoroughfare.
Any persons, 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, including resubdivision, and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
The division of a parcel or tract of land into two (2) or
more parcels, sites or lots, any one (1) of which contains less than
five (5) acres for the purpose, whether immediate or future, of transfer
of ownership or development, provided, however, that the following
shall not constitute a subdivision: transfer of interests by will
or pursuant to court order; leases for a term not to exceed ten (10)
years; mortgages or easements; and the sale or exchange of parcels
of land between owners of adjoining property if additional lots are
not thereby created, and the lots resulting are not reduced below
the size required by law.
[Ord. No. 1004, 12-7-2020]
The division of land which creates not more than four (4)
tracts.
[Ord. No. 1004, 12-7-2020]
[Ord. No. 1012, 5-3-2021]
A.
All
subdivision of land not otherwise classified as a major subdivision
shall be classified as a minor subdivision and shall be subject to
the procedures described in this Article. Applications for minor subdivision
will be reviewed, considered and forwarded to the Planning and Zoning
Commission based on the following qualifications:
1.
The proposed subdivision will not create more than four (4) tracts
of land, including the remainder to be retained by the owner.
2.
The proposed subdivision does not include the dedication of a new
street or other public way or change in existing streets, easements,
water, sewer or other public improvements. It is the intent of this
provision to limit approval of minor subdivisions to those cases where
the improvements required by these regulations have been provided,
with exception to the extension of service to individual lots. It
is not the intention of this provision to permit all requests, based
solely on requests that meet the minimum standards.
3.
The subdivision is in compliance with the Zoning Code and other ordinances
and regulations of the City of Rogersville and no substandard tract,
parcel or lot will be created.
4.
The subdivision will not result in substantial increases in service
requirements (e.g., utilities, traffic control, parks, schools, streets,
etc.), nor interfere with the maintenance of existing service levels
(e.g., additional curb cuts, repaving, etc.).
5.
The parent tract was lawful under these regulations at the time the
existing property description was recorded.
6.
The configuration of the property was created by a court decree or
order resulting from testamentary or interstate provisions.
7.
The configuration of the property was created by the assembly or
combination of existing tracts of record.
8.
Minor subdivisions shall be limited so that no more than four (4)
new tracts or parcels of land are created by minor subdivision from
the original parent tract or parcel as that tract or parcel was at
the time of annexation or else as the parcel was platted within a
major subdivision in the interest of preventing the circumvention
of the major subdivision process.
[Ord. No. 1012, 5-3-2021]
A.
Filing
Procedures. The applicant shall submit a minimum of five (5) copies
of the proposed minor subdivision or more, as required by the Building
Department, a completed application form and applicable application
fees in the amount of one hundred twenty dollars ($120.00) to the
Rogersville Building Department. A completed minor subdivision checklist
shall accompany all applications for subdivision.
B.
Review
Criteria And Procedures. An application for minor subdivision shall
be reviewed for conformance with the City's zoning and subdivision
regulations. The Building Department staff, public works staff and
the City Engineer shall use the following criteria to review the minor
subdivision for its conformance and shall ensure the development in
the proposed location:
1.
Will be in conformity with the Comprehensive Plan, thoroughfare plan,
zoning regulations or other plans officially adopted by the Planning
and Zoning Commission and the City Board of Aldermen.
C.
Effect
Of Minor Subdivision Approval. Minor subdivision approval shall confer
upon the developer the right that the City will not change the general
terms and conditions under which the approval was granted. Within
sixty (60) days after approval of the plat by the Building Department
staff, the subdivider shall file said plat with the County Recorder.
The subdivider shall pay the cost of recording the plat, easements,
right-of-way deeds and any other related accompanying documents. If
the plat is disapproved, the Building Department staff shall notify
the applicant in writing of the actions and reasons therefore. If
the applicant shall fail to record the plat within sixty (60) days,
then the plat shall be held for naught.
D.
Information Required. The following information is required on all minor subdivision plats submitted for approval. The required information may be combined for presentation on one (1) or more drawings or maps. In the interests of clarity, speed and efficiency in the review process, Building Department staff may require that the information be presented on separate or additional drawings or maps. In all cases the minor subdivision plat submission shall be designed in conformity with the Rogersville Zoning Code, Chapter 405, and shall include the following information:
1.
The proposed subdivision name, the general location, as it is commonly
known, or by some other name by which the project may be identified,
the name and address of the present owner and subdivider and the surveyor.
2.
Title, scale, north arrow, date of preparation and each date, which
a revision was made.
3.
Location by section, township, range, City, County, State or if a
re-subdivision of an existing or approved subdivision, then by lot
or block numbers and name of original subdivision.
4.
The names, location and dimensions of adjacent streets within any
adjoining subdivision.
5.
The plat boundaries shall show the external bearings, distances and
internal angles with dimensions in hundredths of feet. A minimum closure
of one-tenth of a foot (0.10) or 1:20,000 for distances greater than
two thousand (2,000) feet (minimum standards for urban class property
survey) to close the traverse within a maximum of one (1) foot in
ten thousand (10,000) feet. All bearings shall be obtained by determination
of true north by solar or celestial observation.
6.
The boundary lines, location and dimensions of existing and newly
created tracts, parcels or lots that are part of the minor subdivision
shall be shown on the plat. The dimensions and location of all arcs,
radii, internal angles, points of curvature and tangent boundaries
and other pertinent survey information necessary to an accurate description
and location. Survey data shall meet the standards promulgated by
the State of Missouri, "Missouri Minimum Standards for Property Boundary
Surveys," Division of Geology and Land Survey, Missouri Department
of Natural Resources. All survey datum shall be vertically and horizontally
tied to the Missouri Geographical Reference Stations (GRS). Northing
and Easting coordinates shall be indicated for all perimeter corners.
7.
Names of adjacent subdivisions and owners of adjoining parcels of
unsubdivided land.
8.
The exact location and distances of all structures and other physical
improvements in relation to proposed lot lines.
9.
The extent and location of floodplains, floodways, or other waterways
of record; elevations of which, shall be based on applicable Flood
Insurance Studies, Flood Insurance Rate Maps, Flood Boundary and Floodway
Maps.
10.
Location of sanitary sewer, storm sewers, water mains, gas lines,
fire hydrants, electric and telephone poles and street lights.
12.
Existing zoning classification of the minor subdivision and adjacent
area.
13.
Setback lines on all lots and other sites.
14.
Certification by Missouri registered land surveyor as to accuracy
of survey as such:
|
That I, _______________ do hereby certify that this plat was
prepared under my supervision from an actual survey of the land herein
described prepared by ____________ dated ________ and signed by _________
L.S. No. ________ and that the corner monuments and lot corner pins
shown herein were placed under the personal supervision of _____________
L.S. No. _______ in accordance with the Division of Geology and Land
Survey, Missouri Department of Natural Resource's "Minimum Standards
for Property Boundary Surveys."
| |
|
Date Prepared: ____________________
Signature: ________________________
Missouri L.S. No. __________________
|
15.
Certificate of Approval by the Building Department (to be placed
on plat) which shall be provided as follows:
|
In accordance with the provisions as set forth in the Subdivision
Regulations of Rogersville, Missouri, I __________________, do hereby
certify that on the ____ day of _________, 20__, the Community Development
Department approved the request for a minor subdivision for __________________________________________
| |
|
Any further subdivision of the above described land or modifications
of the land description(s) will require reapproval in accordance with
the Subdivision Regulations of the City of Republic, Missouri.
| |
|
__________________
|
__________________
|
|
Building Department
|
Date
|
16.
Statement of owner certifying that he/she had title to the land being
subdivided:
|
As owner I have caused the land described on this plat to be
surveyed, divided, mapped, and all access rights reserve and dedicated
as represented on the plat.
| |
|
__________________
|
__________________
|
|
Owner and/or Subdivider
|
Date
|
17.
If the minor subdivision is in an existing platted subdivision, the
stormwater detention facilities will require modification to accommodate
the projected runoff increase. If the minor subdivision is unplatted,
then stormwater detention facilities will be required to be installed
by either common or individual stormwater detention facilities.
E.
Final
Submittal. Final submittal of the minor subdivision plat to the Planning
Commission and Board of Aldermen shall be prepared on a reproducible
original (mylar) twenty-four (24) inches by thirty-six (36) inches
or those dimensions required by the Greene County or Webster County
Recorder of Deeds. In addition to the original the City may require
additional elements to incorporate the minor subdivision into the
City map. The following items shall be submitted:
1.
Sixteen (16) inches x twenty-four (24) inches scaled reproducible
mylar for the City's plat book.
2.
Four (4) blue line copies (24" x 36").
3.
All applicable off-site easements and right-of-way deeds.
4.
Copy of private and restrictive covenants to be recorded.
5.
Digital copy of subdivision plat, cad file, etc., for City map upgrades.
F.
Sidewalks.
The Public Works Director may approve a builder, owner or subdivider
of a minor subdivision to pay the City twelve dollars ($12.00) per
linear foot of sidewalk instead of building the sidewalk. This shall
not apply to major subdivisions or to lots, which are already developed
(existing structures, houses, etc.) that are part of the minor subdivision.
