[Sub. Regs. §483.010]
A.
It
is hereby declared to be the policy of the City of Pevely to consider
the subdivision of land and the subsequent development of the subdivided
plat as subject to the control of the City pursuant to the official
Comprehensive Plan of the City for the orderly, planned, efficient
and economical development of the municipality.
B.
Land
to be subdivided shall be of such character that it can be used safely
for building purposes without danger to health or peril from fire,
flood or other menace and land shall not be subdivided until available
public facilities and improvements exist and proper provisions has
been made for drainage, water, sewerage and capital improvements such
as schools, parks, recreation facilities, transportation facilities
and improvements.
C.
The
existing and proposed public improvements shall conform to and be
properly related to the proposals shown in the Comprehensive Plan
and the Capital Improvements Program of the City and it is intended
that these regulations shall supplement and facilitate the enforcement
of the provisions and standards contained in Building and Housing
Codes, Zoning Codes, Comprehensive Plans and the Capital Improvements
Program of the City of Pevely.
[Sub. Regs. §483.015; Ord. No. 343 §1, 5-29-1979]
A.
These
regulations prescribe the procedures for the subdivision of land within
the incorporated area of the City of Pevely, Missouri, made subject
thereto under the provisions of Section 89.140, RSMo., and comprise
the requirements, standards and specifications with respect to:
1.
The proper location and width of streets, building lines, open spaces,
recreational areas and public lands.
2.
The avoidance of conditions which would lead to the creation of blighted
areas.
3.
The avoidance of overcrowding of population and congestion of vehicular
traffic.
4.
The manner in which streets are to be graded and improved and the
extent to which water, sewer, stormwater and other utility services
area to be provided.
5.
The provisions of adequate space for traffic movement, utility facilities,
access of emergency apparatus, for the control of the number, spacing,
type and design and access points to existing or future streets, for
minimum width and area of lots, for light and air and for proper distribution
of population.
[Sub. Regs. §483.020]
A.
These
regulations are adopted for the following purposes:
1.
To protect and provide for the public health, safety and general
welfare of the City of Pevely.
2.
To guide the future growth and development of the City in accordance
with the Comprehensive Plan.
3.
To provide for adequate light, air and privacy, to secure safety
from fire, flood and other danger and to prevent overcrowding of the
land and undue congestion of population.
4.
To protect the character and the social and economic stability of
all parts of the municipality and encourage the orderly and beneficial
development of all parts of the City.
5.
To protect and conserve the value of land throughout the City and
the value of buildings and improvements upon the land and to minimize
the conflicts among the uses of land and buildings.
6.
To guide public and private policy and action in order to provide
adequate and efficient transportation, water, sewerage, schools, parks,
playgrounds, recreation and other public requirements and facilities.
7.
To provide the beneficial relationship between the uses of land and
buildings and the circulation of traffic throughout the municipality,
having particular regard to the avoidance of congestion in the streets
and highways and the pedestrian traffic movements appropriate to the
various uses of land and buildings and to provide for the proper location
and width of streets and building lines.
8.
To establish reasonable standards of design and procedures for subdivisions
and resubdivisions in order to further the orderly layout and use
of land and to insure proper legal descriptions and monumenting of
subdivided land.
9.
To insure that public facilities are available and will have a sufficient
capacity to serve the proposed subdivision.
10.
To prevent the pollution of air, streams and ponds; to assure the
adequacy of drainage facilities; to safeguard the water table; and
to encourage the wise use and management of natural resources throughout
the municipality in order to preserve the integrity, stability and
beauty of the community and the value of the land.
11.
To preserve the natural beauty and topography of the City and to
insure appropriate development with regard to these natural features.
12.
To provide for open spaces through the most efficient design and
layout of the land, including the use of average density in providing
for minimum width and area of lots, while preserving the density of
land as established in the Zoning Code of the City.
[R.O. 2004 §483.020; Ord. No. 343 §1, 5-29-1979]
A.
These
regulations are intended as minimum requirements to provide for the
coordinated, efficient and economic development of the City of Pevely,
to insure the adequacy of street and utility facilities and to promote
the public health, safety and welfare.
B.
If
any other provision of law relates to any matter covered herein, the
regulations providing the higher standard shall apply.
[R.O. 2004 §483.030; Ord. No. 343 §1, 5-29-1979]
A.
No
lot in a subdivision, as defined herein, may be conveyed unless a
final plat of the property has been approved according to the requirements
and provisions of these regulations.
B.
No
plat of a subdivision of land within the City of Pevely shall be recorded
in the office of the Recorder of Deeds of Jefferson County unless
and until approved as herein provided.
C.
All
plats shall be recorded in the Plat Book of Jefferson County, Missouri,
according to requirements contained in the Revised Statutes of Missouri.
[Sub. Regs. §483.025]
A.
These
subdivision regulations shall apply to all subdivisions of land, as
defined herein, located within the incorporated areas of the City
of Pevely or within any area subject to extraterritorial zoning regulations
of the City of Pevely.
B.
No
building permit or certificate of occupancy shall be issued for any
parcel or plat of land which was created by subdivision after the
effective date of and not in conformity with the provisions of these
subdivision regulations and no excavation of land or construction
of any public or private improvements shall take place or be commenced
except in conformity with these regulations.
[Sub. Regs. §483.030]
A.
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.
B.
Conflict With Public And Private Provisions.
1.
Public provisions. These regulations are not intended
to interfere with, abrogate or annul any other code, rule or regulation,
Statute or other provision of law. Where any provision of these regulations
imposes restrictions different from those imposed by any other provision
of these regulations or any other code, rule or regulation or other
provision of law, whichever provisions are more restrictive or impose
higher standards shall control.
2.
Private provisions. These regulations are not intended
to abrogate any easement, covenant or any other private agreement
or restriction, provided that where the provisions of these regulations
are more restrictive or impose higher standards or regulations than
such easement, covenant or other private agreement or restriction,
the requirements of these regulations shall govern. Where the provisions
of the easement, covenant or private agreement or restriction impose
duties and obligations more restrictive or higher standards than the
requirements of these regulations or the determination of the Planning
and Zoning Commission or the City in approving a subdivision or in
enforcing these regulations and such private provisions are not inconsistent
with these regulations or determinations thereunder, then such private
provisions shall be operative and supplemental to these regulations
and determinations made thereunder.
3.
Separability. If any part or provision of these
regulations or application thereof to any person or circumstances
is adjudged invalid by any court of competent jurisdiction, such judgment
shall be confined in its operation to the part, provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of these regulations or the application thereof to other
persons or circumstances. The Board of Aldermen hereby declares that
it would have enacted the remainder of these regulations even without
any such part, provision or application.
[Sub. Regs. §483.035]
These regulations shall not be construed as abating any action
now pending under, or by virtue of, prior existing subdivision regulations
or as discontinuing, abating, modifying or altering any penalty accruing
or about to accrue or as affecting the liability of any person, firm
or corporation or as waiving any right of the City under any Section
or provision existing at the time of adoption of these regulations
or as vacating or annulling any rights obtained by any person, firm
or corporation by lawful action of the City except as shall be expressly
provided for in these regulations.
[Sub. Regs. §483.040]
A.
For
the purpose of providing for or protecting the public health, safety
and general welfare, the Board of Aldermen may from time to time amend
the provisions imposed by the subdivision regulations.
B.
Approval
of a preliminary plat shall exempt that subdivision from subsequent
amendments to these regulations, providing the record plat is filed
within the time specified in the approval of the preliminary plat.
[Sub. Regs. §483.045; Ord. No. 343 §1, 5-29-1979]
A.
Every
subdivision of land within the area shall be shown upon a plat and
submitted first to the Planning and Zoning Commission for its approval
or disapproval and then to the Board of Aldermen for its approval
or disapproval. All final record plats shall be submitted to the Board
of Aldermen for its consideration and approval or disapproval. No
plat shall be recorded in the office of the Recorder of Deeds and
no lots shall be sold from such plat unless and until approved as
provided in this Code.
B.
All
plats submitted for review by the Planning and Zoning Commission shall
be accompanied by an application furnished by the City indicating
the type of approval requested along with all applicable fees due.
C.
All plats submitted for review by the Planning and Zoning Commission shall show the total project, depicting streets for the total project where the plat is for only a part of the total project. All streets shall conform to the standards set forth in Article V, Section 410.180(C)(2).
D.
All
plats shall be recorded in the plat book in the office of the Recorder
of Deeds of Jefferson County, Missouri according to requirements contained
in the Revised Statutes of Missouri.
[Sub. Regs. §483.050]
Recording of a subdivision plat shall not be required in case
of the sale or exchange of parcels of land between owners of adjoining
properties for the purpose of adjustments in boundaries, provided
that additional lots are not thereby created, that the original lots
are not reduced below the minimum sizes required by this Code or the
Zoning Code and that a survey of the adjustments of boundaries is
recorded in the office of the Recorder of Deeds of Jefferson County,
Missouri.
[Sub. Regs. §483.055]
A.
Any
plat or any part of any plat may be vacated by the owner of the premises,
at any time before the sale of any lot therein, by a written instrument,
to which a copy of such plat shall be attached, declaring the same
to be vacated.
B.
Such
instrument shall be approved by the Planning and Zoning Commission
and Board of Aldermen in like manner as plats of subdivisions. The
City may reject any such instrument which abridges or destroys any
public rights in any of its public uses, improvements, streets or
alleys.
C.
Such
an instrument shall be executed, acknowledged or approved and recorded
in the office of the Recorder of Deeds of Jefferson County, Missouri,
or filed in like manner as plats of subdivisions; and being duly recorded
or filed shall operate to destroy the force and effect of the recording
of the plat so vacated and to divest all public rights to the streets,
alleys and public grounds and all dedications laid out or described
in such plat.
D.
When
lots have been sold, the plat may be vacated in the manner herein
provided by all the owners of lots in such plat joining in the execution
of such writing.
E.
A petition
for the vacation of a plat shall be filed together with a filing fee
in the sum of twenty-five dollars ($25.00) with the Administrative
Officer.
[Sub. Regs. §483.056; Ord. No. 343 §1, 5-29-1979]
Land unsuitable for subdivision development due to drainage,
flooding, steep slope, rock formation or any other conditions constituting
a danger to health, life or property shall not be approved for subdivision
development unless the subdivider presents evidence or data satisfactory
to the Commission establishing that the methods proposed to meet any
such condition are adequate to avoid any danger to health, life or
property.
