Editor's Note — Ord. no. 5354 §1, adopted October 16, 1995, repealed ch. 410 and enacted the provisions set out herein. Former ch. 410 derived from ord. no. 4971 §1, 5-13-1991; ord. no. 5051 §1, 5-11-1992.
[R.O. 2008 §410.010; Ord. No. 5354 §1, 10-16-1995]
This Chapter shall be known and may be cited as the "Subdivision Ordinance of the City of Maryville, Missouri".
[R.O. 2008 §410.020; Ord. No. 5354 §1, 10-16-1995]
In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements adopted for the protection of the public health, safety and welfare. The purpose of the Subdivision Regulations is to encourage the development of sound, healthful and economically stable residential neighborhoods and commercial and industrial areas; to provide for safe, convenient and efficient traffic circulation; to secure adequate drainage; to coordinate land development in order to assure that future urban growth will be orderly, efficient and conducive to minimum outlay of public and private expenditures for providing services to new growth areas; to minimize fire hazards and to provide for light and air in habitable structures; and to provide protection for owners and potential buyers of property.
[R.O. 2008 §410.030; Ord. No. 5354 §1, 10-16-1995]
It is not intended by this Chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this Chapter, or with private restrictions placed upon property by deed, covenant or other private agreements, or with restrictive covenants running with the land to which the City is a part. 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. 2008 §410.040; Ord. No. 5354 §1, 10-16-1995]
The provisions of this Chapter shall be administered by the Planning and Zoning Commission with the final approval of the City Council of the City of Maryville.
[R.O. 2008 §410.050; Ord. No. 5354 §1, 10-16-1995; Ord. No. 6022 §1, 1-26-1998; Ord. No. 7120 §1, 6-8-2009]
For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:
- A minor way, dedicated to the public use, which is used primarily for utilities and vehicular access to the back or the side of properties otherwise abutting on a street.
- A piece or parcel of land entirely surrounded by public highways, streets, streams, railroad right-of-way, parks, etc., or a combination thereof. There may be more than one (1) lot within a single block.
- BUILDING LINE
- A line on a plat generally parallel to the street right-of-way, indicating the limit beyond which buildings or structures may not be erected.
- The City of Maryville, Missouri.
- CITY ENGINEER
- An authorized representative of the City Manager responsible for the review and inspection of projects presented for approval.
- CITY MANAGER
- The City Official responsible for the administration of the City or his/her duly authorized representative.
- The Governing Body of the City of Maryville, Missouri.
- A minor street having one end open to traffic and being permanently terminated by a vehicular turnaround.
- Day shall refer to a normal work day.
- The owner or agent under legal authority of the owner or owners who undertakes to cause a parcel of land to be designed, constructed and recorded as a Subdivision. This term may be used interchangeably with the term "Subdivider".
- DIRECTOR OF PUBLIC WORKS
- The individual designated by the City Manager to direct the operations of the Public Works Department.
- DIVIDING LINE
- Shall be a line dividing a lot or parcel of land. It may be a continuous line or a combination of lines.
- A grant by the property owner to the public, a corporation, or persons for the use of a parcel of land for a specific purpose.
- FINAL IMPROVEMENT PLAN
- Engineering drawings, for construction, of all improvements required by the Subdivision Chapter. Also, referred to as Construction Drawings or Engineering Drawings.
- FINAL PLAT
- A drawing to scale containing the items specified by these regulations indicating the layout of lots, blocks and public ways in a subdivision completed and improved or bonded for improvements along with legal documents required for recording. It is also the final map, drawing or chart on which the Subdivider's subdivision plan is presented to the City Council for approval and which, if approved, will be submitted to the County Recorder of Deeds for recording.
- FULL FRONTAGE
- Shall be not less than the minimum lot width allowed by Maryville City Code Chapter 405: ZONING CODE.
- GENERAL PLAN
- The plan or series of plans for the future development of the City of Maryville, Missouri, approved by the City Council as the guide for future development. Such plans may alternatively be referred to as Master Plan, Comprehensive Plan, or Development Plan.
- Shall include, but not be limited to, the changes and additions to land necessary to prepare it for building sites, including street paving, curbing, grading, monuments, drainage ways, sewers, fire hydrants, water mains, sidewalks, street lights, pedestrian ways and other public works appurtenances.
- A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map which is intended to be separately owned, rented, leased, developed or otherwise used as a unit, occupied or to be occupied by a building or group of buildings and accessory buildings, together with such yards and lot areas as required by the Zoning Code, and having its principal frontage upon a street, road or place approved by the Planning and Zoning Commission and City Council.
- LOT SPLIT
- The division of a platted lot into two (2) parcels not involving the dedication or vacation of a street or alley.
- OFFICIAL MAP
- The Zoning Map adopted by the City Council showing the zoning districts, streets, highways and parts theretofore laid out, adopted and established by law and any amendments thereto adopted by the City Council or additions thereto resulting from the approval of Subdivision Plats and the subsequent filing of such approved plats.
- A continuous quantity of land in the possession of, owned by, or recorded as, the property of the same person or persons.
- PEDESTRIAN WAY
- A right-of-way dedicated to public use, which cuts across a block to facilitate pedestrian access to adjoining streets or properties.
- PLANNED UNIT DEVELOPMENT (P.U.D.)
- A land development project comprehensively planned as an entity, via a unitary site plan, which permits flexibility in building sites, mixtures of housing types and land use, useable open spaces and may include the preservation of natural features.
- PLANNING COMMISSION
- The Planning and Zoning Commission of the City of Maryville, Missouri, a Board appointed by the Mayor and Council, whose purpose it is to develop plans and recommendations for development of the City of Maryville, Missouri and to recommend resolutions for zoning issues to the City Council. Referred to as the "Commission".
- A map drawn to scale from an accurate survey including items set forth herein along with all certificates and statements required herein and by State Statute for the purpose of recording a subdivision of land. Without modifying adjectives it shall refer to land subdivision documents which have been officially recorded. In appropriate context, a plat may refer to the land represented by a recorded plat and may be synonymous with the word "Subdivision". It may also be used as a verb referring to the act of preparing a plat.
- PRELIMINARY DEVELOPMENT PLAN
- A plan prepared and submitted with the preliminary plat for review, that shows the proposed improvements of the subdivision in enough detail for evaluation by the Commission and the City Council.
- PRELIMINARY PLAT
- A drawing with supporting documents which represents a proposal upon which a final plat is to be based. A preliminary plat is not intended as a document to be filed or recorded.
- PUBLIC WORKS DEPARTMENT
- The Department of Public Works established by the City Council of the City of Maryville, Missouri.
- REPLAT, RESUBDIVISION
- A plat representing land which has previously been included in a recorded plat.
- RESERVE STRIP
- Any section of land within or adjoining a Subdivision which, intentionally or otherwise, serves to control access to public streets, right-of-way or public facilities.
- SPECIAL DRAINAGE AREA
- The zoning of those areas which have been or are likely to be subjected to flooding. These areas shall be identified by the Public Works Department and recommended by the Commission to the City Council for approval before they are designated on the Official Map.
- A public way for vehicular traffic whether designed as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, place or however otherwise designated.
- 1. Major streets and highways: Those which are used primarily for fast heavy traffic.
- 2. Arterial or collector street: Those streets which carry traffic from minor streets to major streets or to other traffic generators.
- 3. Minor street: A street used primarily for access to the abutting properties.
- 4. Marginal access street: A street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.
- 5. Width of street: The shortest distance between the lines delineating the right-of-way of a street.
- Anything constructed which requires permanent or temporary location on the ground or is attached to something having a permanent or temporary location on the ground, an edifice or building of any kind or any piece of work artificially built or composed of parts joined together in some manner. A detention pond shall be a structure.
- SUBDIVISION, MAJOR
- Except for "lot split" as defined, shall be the division of a tract of land six (6) or more lots, tracts, sites, parcels or areas any one of which is less than three (3) acres in area and/or the division of a tract of land into any number of lots, tracts, sites, parcels or areas of any size which includes improvements, new streets, easements, rights-of-way, rights of ingress and egress or provision for a public area or public facility.
- SUBDIVISION, MINOR
- The division of land into not more than five (5) lots, tracts, sites, parcels or areas, for residential purposes or existing commercial development having a total aggregate area of ten (10) acres or less. Also applicable shall be the following in a proposed subdivision of land:
- 1. Does not include any new street, easement, rights-of-way, (except an approved sewer and water system);
- 2. Does not include a provision for a public area or public facility;
- 3. Conforms to the setback line requirements and other requirements contained in the zoning ordinances for the City of Maryville, Missouri;
- 4. Conveys the right-of-way necessary for road widening and maintenance of City roads, where the granting of such right-of-way can be given without undue hardship;
- 5. In the interest of smart growth, betterment of the community and citizens and development, the Public Works Director and City Manager may reach a consensus that the proposal does not merit a comprehensive review as a major subdivision.
- Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under this Chapter to effect a subdivision of land hereunder for himself\herself or for another.
- OTHER TERMS
- All other terms used in these regulations shall have their normal meaning, except that terms common to engineering and surveying shall be used in their professional sense.
[R.O. 2008 §410.060; Ord. No. 5354 §1, 10-16-1995]
Except as provided in this Chapter, no person shall subdivide any tract of land which is located within the City limits except in conformity with the provisions of this Chapter. Any plat hereinafter made or any subdivision or any part thereof lying within the limits of the City of Maryville, Missouri, shall be prepared, presented for approval, approved and presented for recording as herein prescribed. These regulations are enacted under the authority of applicable Statutes of the State of Missouri.
Subdivision, major procedure. Any subdivision other than a minor subdivision shall comply with all procedures as set forth in this Chapter.
Subdivision, minor procedure. A person seeking to subdivide land as a minor subdivision shall file a written statement and a sketch indicating the nature of the proposed development with the Director of Public Works. If it is determined that said development qualifies as a minor subdivision, the subdivider may proceed with the project.
Lot splits, undeveloped subdivisions or subdivisions under development.
A previously platted undeveloped lot in a subdivision under development or undeveloped shall be divided by replat.
The lots produced by replat need not be approved by the Commission, but shall be approved by resolution of the Council prior to recording.
Lots produced by replat shall conform to all minimum standards of this Title and other applicable Codes of the City.
Lot splits, developed subdivisions.
A vacant parcel in a developed area may be divided as a lot split by either metes and bounds description or by replat. If such lot is to be divided by metes and bounds description, it may be so divided only one (1) time and by only one (1) new dividing lot line and shall not again be divided without replatting.
A lot to be divided more than one (1) time or involving more than one (1) new dividing lot shall be considered a replat and shall be subject to all procedures set out in this Title.
A lot split by either metes and bounds description or replat need not be approved by the Commission but shall be approved by resolution of the Council prior to recording.
In all cases, lots produced by a lot split shall conform to all minimum standards of this Title and other applicable codes of the City.
Planned unit development (P.U.D). Land under unified control to be developed as a whole in a single development operation shall require a Development Plan which includes, but is not limited to, the following requirements:
Agricultural land exemptions. The division of land for agricultural use into parcels, all of which are ten (10) acres or more in area and have four hundred (400) feet or more of street or road frontage and which do not involve the creation of any new street or road, easement or other dedication, shall be exempt from the requirements of these regulations, provided however, that the provisions of applicable Statutes and regulations are complied with.
[R.O. 2008 §410.070; Ord. No. 5354 §1, 10-16-1995]
Recording Of Plat. No plat of any subdivision shall be recorded in the County Recorder's Office or have any validity until it has been approved in the manner prescribed herein. In the event any such unapproved plat is recorded, it shall be considered invalid and the Director of Public Works shall institute proceedings to have the plat stricken from the records of Nodaway County, Missouri.
Permits. The Building Inspector shall not issue building or other permits for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.
Public Improvements. The City hereby defines its policy to be that the City will withhold all public improvements of whatsoever nature, including the maintenance of streets and the furnishing of sewage facilities and water service from all subdivisions which have not been approved and from all areas dedicated to the public which have not been accepted by the City Council in the manner prescribed herein.
Revision Of Plat After Approval. No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the City Council and endorsed in writing on the plat unless the said plat is first resubmitted to the Commission and the changes found acceptable. Except a "minor subdivision", as defined in Section 410.060, shall be accepted by a Resolution of the City Council.
Sale Of Land In Subdivision. No owner or agent of the owner of any land located within a subdivision shall transfer, sell, agree to sell or negotiate to sell any land by reference to, exhibition of, or by the use of a plan or plat of a subdivision for private development before such plan or plat has been approved and recorded in the manner prescribed therein.
[R.O. 2008 §410.080; Ord. No. 5354 §1, 10-16-1995; Ord. No. 5443 §1, 7-15-1996]
Planning Conference. Developer meets with the Director of Public Works before development begins to learn of the general requirements and identify potential problems.
Preliminary Plat. Developer prepares preliminary layout and Preliminary Development Plans for improvements of the subdivision in sufficient detail to allow approval by the Commission after public hearing.
Planning And Zoning Commission Action. Recommendation for approval or disapproval by the Commission after a public hearing held pursuant to Section 410.115.
City Council Action. Approval or disapproval by the City Council after a public hearing pursuant to Section 410.115.
Final Plat. Developer prepares final plat and final development plans for submission for approval, and obtains bonding for required improvements.
Final Plat Approval, Planning and Zoning Commission. The Commission must recommend for approval the final plat and final improvement plan if it conforms with the approved preliminary plat and preliminary improvement plans as previously approved or bonded. After approval, the final plat is forwarded to the City Council.
Final Plat Approval, City Council. If the City Council finds the final plat conforms with the preliminary plat and the final improvement plans are installed or properly bonded, it shall approve the final plat.
Filing. The Director of Public Works has signatures affixed and confirms the filing of the plat with the County Recorder of Deeds at Subdivider's expense. Subdivider may sell lots and/or build.
[R.O. 2008 §410.090; Ord. No. 5354 §1, 10-16-1995]
Planning Conference. Any owner, developer or agent wishing to subdivide a parcel of land shall contact the Director of Public Works and arrange for a Planning Conference. This conference shall be for the purpose of determining the general requirements to be met in developing the subdivision. If the subdivision does not involve new streets or utilities or other improvements required of the Subdivision Control Ordinance the Planning Conference may be waived by the Director of Public Works.
Findings Of The Planning Conference. The proceedings of the Planning Conference shall be informal. It shall be the responsibility of the subdivider to determine the areas of agreement among the conferees and the problems which must be explored further through individual conferences with departments charged with administering the provision of utilities, streets, drainage and other public facilities. During the conference it shall be the responsibility of the Director of Public Works to aid the subdivider in determining the general features to be required in the subdivision. All agreements arrived at by the conferees shall be subject to ratification by the Commission and the City Council.
[R.O. 2008 §410.100; Ord. No. 5354 §1, 10-16-1995]
Plat. After the subdivider has determined the general features desired in the subdivision, he/she may develop a preliminary plan and preliminary development plan for filing with the Director of Public Works for review and subsequent submittal to the Commission for review and recommendation.
Filing. Six (6) weeks prior to the meeting at which consideration is desired, the subdivider must file an application with the Director of Public Works including nine (9) copies of the preliminary plat. The preliminary plat and preliminary development plan shall be considered officially filed after it is examined by the Director of Public Works and found to be in full compliance with the requirements of these regulations.
Preparation. The preliminary plat shall be prepared and certified by a Missouri-registered Land Surveyor.
Form Of The Preliminary Plat. The preliminary plat shall be prepared in accordance with current Missouri Department of Natural Resources Division of Geology and Land Survey, Minimum Standards for Property Boundary Surveys and shall show the following information:
The proposed name of the subdivision.
Contours with intervals of five (5) feet or less with 100-year floodplain identified.
The names of adjacent subdivisions or the names of record owners of adjoining parcels of unsubdivided land.
The location, widths, and names of all existing or platted streets or other public ways within or adjacent to the tract, existing permanent buildings, railroad right-of-way and other important features such as section lines, political subdivision or corporation lines and school district boundaries.
Existing sewers, water mains, culverts or other underground structures within the tract and immediately adjacent thereto with pipe sizes, grades and locations indicated.
All parcels of land intended to be dedicated to public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose of conditions or limitations of such reservation, if any.
The layout, names and widths of proposed streets, alleys and easements.
A plan of proposed water distribution system, sanitary sewers and storm sewers showing pipe sizes and the location of valves, fire hydrants and fittings, including total annual service loading projections on receiving systems, i.e., water, sewer and storm drainage based on a ten (10) year incident.
Planned locations of sidewalks and street lights.
The layout, numbers and scaled dimensions of proposed lots.
The building setback lines and dimensions for all front and side yards as stated in the Zoning Code.
Indication of any portion of the subdivision for which a final plat is to be proposed if the subdivision is to be developed in stages.
Proposed covenants or deed restrictions.
Designation of the proposed uses of the land within the subdivision and proposed changes in zoning district designation, if any.
[R.O. 2008 §410.110; Ord. No. 5354 §1, 10-16-1995]
Upon receipt of the preliminary plat and preliminary improvement plan, the Director of Public Works shall cause copies thereof to be distributed to the representatives of any utility entities not under the control of the City of Maryville, Missouri. The Director of Public Works shall report the combined recommendations to the Public Safety Department, utility companies and other concerned entities to the Commission.
The City Manager or his/her authorized representative may recommend approval or disapproval of the preliminary plat and preliminary improvement plan or any features thereof, but in expressing disapproval, the reasons for such action shall be set forth in writing.
The Commission shall recommend approval or disapproval of a preliminary plat and preliminary improvement plan within sixty (60) calendar days of its receipt unless a longer time is agreed upon with the subdivider.
Upon approval or disapproval by the Commission, the preliminary plat, the preliminary improvement plan and the Commission's recommendation shall be forwarded to the City Council along with the Director of Public Work's comments within thirty (30) calendar days.
The City Council shall review all items and approve, approve with modifications or disapprove the preliminary plat as presented.
[Ord. No. 5443 §1, 7-15-1996]
When a preliminary plat is submitted to the Planning and Zoning Commission for its recommendation, a public hearing shall be held by the Commission prior to making its recommendation. The Commission shall cause notice of its proceedings to be given by regular mail, dispatched not less than seven (7) days prior to the date of the proceedings. Said notice shall be given to all owners of record of any property adjoining the property being considered by the Commission. Said adjoining property owners shall be given the opportunity to provide input during the proceedings of the Planning and Zoning Commission. A copy of said notice shall be transmitted to the Chairperson of the Commission. The Commission may adopt such other reasonable rules and regulations as may be required to facilitate such notice.
When a preliminary plat is submitted to the City Council for its approval, a public hearing will be held by the City Council prior to approval of the preliminary plat. Notice of this hearing will be provided by the City Clerk who shall publish said notice in the local newspaper of general circulation. Said publication shall occur not less than seven (7) days prior to the public hearing. A copy of the notice shall be retained by the City Clerk and provided to the City Council. The City Council may adopt such other reasonable rules and regulations as may be required to facilitate such notice.
[R.O. 2008 §410.120; Ord. No. 5354 §1, 10-16-1995]
The subdivider may make modifications for presentation to the Director of Public Works for review and recommendations for further Commission/City Council consideration if deemed appropriate.
[R.O. 2008 §410.130; Ord. No. 5354 §1, 10-16-1995]
Approval of the preliminary plat and preliminary improvement plan, as set forth herein, shall constitute authority to proceed with preparation of the final plat and final improvement plan.
The final plat shall be prepared in conformity with the approved preliminary plat and preliminary improvement plan including any and all changes required by the City Council.
Material deviation from such approved preliminary plat shall require resubmission for approval.
Approval of a preliminary plat shall not constitute authority to sell lots, record the plat, advertise the future or conditional sale of lots based on the preliminary plat or authority to construct permanent buildings in reliance upon the preliminary plat layout, nor shall it constitute final acceptance of the subdivision.
[R.O. 2008 §410.140; Ord. No. 5354 §1, 10-16-1995; Ord. No. 5566 §1, 7-28-1997]
In the event there shall be any change in City ordinance or regulations relevant to the preliminary plat which was in existence at the time of the approval of the preliminary plat, said approval of the preliminary plat by the City Council shall remain effective for a period of two (2) years from the date of modification of the relevant ordinance or regulation.
[R.O. 2008 §410.150; Ord. No. 5354 §1, 10-16-1995]
In order to discourage premature subdivision and uneconomic improvements, the following procedure is provided for large development schemes:
When a developer or group of developers have in their control an area of land which they wish to plat, but of so large a size that the majority of the lots would take more than one (1) year to sell, they shall cause to be prepared a preliminary plat and a preliminary development plan for the entire area.
On such preliminary plat successive development divisions may be designated.
Upon approval of the preliminary plat and preliminary development plan the developer may prepare a final plat and final development plan for one (1) or more development divisions, provided the order of development allows for logical provision of streets and utilities.
Each development division shall be considered as a separate and individual unit. A final plat shall be prepared and approved for each division. The provisions of these regulations shall apply individually to each development division and be presented as a separate filing for recording.
[R.O. 2008 §410.160; Ord. No. 5354 §1, 10-16-1995]
Before delivering the preliminary plat to the Commission for recommendation, the subdivider shall pay to the City Treasurer the following fees:
The processing fee and the engineering check fee shall not be refundable. The City Treasurer shall receipt stamp proof of the payment of fees upon the face of each copy of the preliminary plat. Such fees shall not be considered payment for supervision of construction.
[R.O. 2008 §410.170; Ord. No. 5354 §1, 10-16-1995]
Filing. Within two (2) years of approval by the City Council of the preliminary plat and preliminary development plan, the subdivider shall file a final plat and development plan for the entire subdivision or for a development division (stage), with the Office of Public Works. Sufficient copies, not to exceed nine (9), shall be submitted to facilitate review and approval. If a final plat and development plan is not filed within two (2) years of the City Council approval of the preliminary plat, the plat shall be subject to review, revision or cancellation of approval by the City Council.
The final plat and development plan shall have incorporated all changes or modifications required by the Commission and City Council. It may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time, provided that such portion conforms with all the requirements of this Chapter.
Form Of Final Plat. The final plat shall be drawn in accordance with the Missouri Department of Natural Resources Division of Geology and Land Survey Standards of Practice No. 1.
Name of subdivision, points of the compass, scale of the plat, name of subdivider, date and name and address and seal of the surveyor.
Location of boundary lines, in relation to section and quarter section, all of which comprise a legal description of the property. All locations shall be tied to a land survey corner.
The lines of all streets, alleys and other lands to be dedicated with their widths and names shall conform to existing street name patterns.
All lot lines, dimensions and numbering of lots and blocks shall be according to a uniform system.
Statutory systems shall be complied with if applicable.
Building lines with zoning set back dimensions.
Easements for any right-of-way provided for public use, drainage, services or utilities showing dimensions and purpose.
All dimensions, both linear and angular, necessary for locating the lines of lots, tracts, or parcels of land, streets, alleys, easements and the boundaries of the subdivision. The linear dimensions are to be expressed in feet and decimals of feet. The plat shall show all curve data necessary to reconstruct on the ground all curve linear boundaries and lines and radii of all rounded corners.
The perimeter and blocks of the plat shall close to an allowable unadjusted error of one (1) in five thousand (5,000).
The description, location and elevation of all bench marks.
The description and location of all permanent monuments set in the subdivision.
Names in contrasting text of adjacent plats with location of adjoining streets shown by dashed lines.
Legal description of the lands being subdivided.
Certificate of dedication signed and acknowledged by all parties having any title interest in the land subdivided and consenting to the preparation and recording of the plat as submitted.
Land surveyor's certificate and seal.
Certificates of approval in legally correct form and places for the signatures of the following: Notary Public acknowledging dedication, the Chairman of the Planning and Zoning Commission, the Mayor and Clerk of the City of Maryville, Missouri. Other certificates as may be required by law may be recorded as separate instruments accompanying the plat.
Any zoning changes shall be recommended by the Commission and forwarded to the City Council with the final plat.
[R.O. 2008 §410.180; Ord. No. 5354 §1, 10-16-1995; Ord. No. 5426 §1, 6-25-1996; Ord. No. 5507 §1, 3-24-1997]
The proposed subdivision shall conform to the master plan and official map.
Streets. The arrangement, character, extent, width, grade and location of all streets shall conform to the official map and master plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by such streets. When not shown on the official map or master plan, the arrangement and other design standards of streets shall conform to the provisions found herein.
Relation to adjoining street system. The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas within grade limits and in keeping with block length standards set out herein.
Projection of streets. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provision for the proper projection of streets to the property line in keeping with block length standards set out herein.
Street jogs prohibited. Street jogs, with centerline offsets of less than one hundred twenty-five (125) feet are prohibited.
Dead-end or cul-de-sac. Permanent dead-end streets or cul-de-sacs, shall be no longer than five hundred (500) feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least ninety (90) feet and a street property line diameter of at least one hundred fifteen (115) feet. If a dead-end street is temporary, a similar turnaround may be required by the Commission. Provision must be made for future extension of the street into adjoining properties.
Minor streets. Minor streets shall be laid out so their use by through traffic will be discouraged.
Street widths. Street right-of-way widths shall be:
Intersections. The intersection of more than two (2) streets at one point shall be avoided except where it is otherwise impracticable to secure a proper street system. Streets shall intersect one another at an angle as near to a right angle as possible and no intersections of streets at angles less than sixty (60) degrees shall be approved. Street intersections shall be rounded with a radius of twelve (12) feet measured at the back of curbs when the said intersection occurs at right angles.
Curved streets. Curved streets are encouraged and shall relate to natural terrain so that minimum grading is necessary. No horizontal curve in a public street shall have a centerline radius of less than seventy-five (75) feet.
Reverse curve. Reverse curves (S-curves) shall have a tangent introduced between the curves of adequate length to allow smooth transition.
Subdivision into tracts larger than ordinary building lots. Where a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further resubdivision.
Reserve strips. Reserve strips controlling access to streets shall be prohibited except under conditions approved by the City Council.
Street grades. No street gradient shall be less than one-half of one percent (0.5%) and shall not exceed the following, with due allowance for reasonable vertical curves:
Half-streets prohibited. Half-streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the Commission and City Council find it will be practical to require the dedication of the other half when the adjoining property is subdivided.
Street names and numbers. Names of new streets and house numbers shall be assigned by the Department of Public Works.
Access to streets across ditches. The subdivider shall provide access to all proposed streets across all ditches in a standard method approved by the Director of Public Works.
Private streets. Private streets may be approved by the City Council and shall be built to all City specifications; public improvements and maintenance will not be provided for any private street.
Hardship to owners of adjoining property avoided. Streets shall be arranged to insure no hardships are caused to owners of adjoining property in platting their own land and developers must insure convenient access is allowed to adjoining property.
Block length. In general, provisions shall be made for through streets at intervals of not less than one thousand three hundred twenty (1,320) feet.
Residential areas. Alleys may be approved in residential areas only by the City Council upon recommendation of the Commission.
Commercial and industrial districts. Alleys shall be provided in commercial and industrial districts. The City Council may waive this requirement where other definite and assured provisions are made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed.
Width. The right-of-way width of residential and commercial alleys shall be twenty (20) feet.
Dead-end. Dead-end alleys shall not be permitted. The City Council may waive this requirement where such dead-end alley is unavoidable and where adequate turnaround facilities have been provided.
Utility easements. Easements with a right-of-way width of ten (10) feet on each side of all rear lot lines and along certain side lot lines where necessary for utilities shall be provided.
Provisions for drainage.
All developments shall be provided with a drainage system that is adequate to prevent undue retention of surface water on the development site.
Where a subdivision is traversed by a water course, drainage way, channel or stream, there shall be provided a stormwater easement conforming substantially with the lines of such water course, and such further width or construction or both as will be adequate for the purpose.
An engineering study indicating floodplain requirements between developed and undeveloped land for 100-year storm frequency must accompany each preliminary and final plat.
All necessary channels, retention structures, etc., must be designated.
Drainage easements shall be sufficient in width so that motorized equipment may be used in their maintenance.
No surface water may be channeled or directed into a sanitary sewer.
All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface water as a result of such developments.
Factors governing dimensions. Block length and width or acreage within bounding roads must be sufficient to accommodate the size of lot required in the area by the Zoning Code and to provide for convenient access, circulation and safety of street traffic.
Lengths. Block length shall not be less than three hundred fifty (350) feet or exceed one thousand three hundred twenty (1,320) feet.
Arrangement. A block shall be designed to provide two (2) tiers of lots except when lots may back onto an arterial street, highway or railroad.
Crosswalks. In blocks over eight hundred (800) feet long, pedestrian crosswalks may be required by the Director of Public Works in locations deemed necessary to public health, convenience and necessity. Crosswalks shall be six (6) feet wide, straight from street to street and shall contain a paved surface four (4) feet wide.
Lot dimensions and area shall not be less than the requirements of the Zoning Code.
Location. All lots shall abut by their full frontage on a publicly dedicated street or a private street that has received the legal status as such.
Lines. Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines.
Corner lots. Corner lots for residential use shall be at least twenty (20) feet wider on each side than the minimum street frontage width required for a lot within that residential zoning designation. (For illustration, in an "R-2" Zone where the minimum street frontage is sixty-six (66) feet, this provision shall require that no front, side or back line of a residential corner lot shall be less than eighty-six (86) feet in length.)
Uninhabitable lots. Lots subject to flooding and lots deemed by the Commission to be uninhabitable shall not be platted for residential occupancy nor for other uses which may cause danger to health, life or property or aggravate the flood hazard. Such land within the plat will be set aside for uses that will not endanger the health and safety of the public or cause financial burden to the City.
Lot remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels.
[R.O. 2008 §410.190; Ord. No. 5354 §1, 10-16-1995; Ord. No. 5426 §1, 6-25-1996; Ord. No. 5589 §1, 9-22-1997; Ord. No. 6641 §§1 — 2, 4-12-2004; Ord. No. 6678 §§1 — 2, 8-23-2004]
The following improvements shall be in place before the subdivision or section of the subdivision is accepted by the City Council. Acceptance of improvements shall be by a written request of the subdivider and a resolution of the City Council accepting improvements, subject to a two (2) year guarantee period. However, no guarantee period shall commence between December fifteenth (15th) and April fifteenth (15th), thereby ensuring that the guarantee period encompasses two (2) complete winter seasons.
Monuments. Monuments shall be placed at all block corners, angle points, points of curves in streets and at intermediate points as required by the Director of Public Works. The monuments shall be of material, size and length approved by the Director of Public Works.
Streets and grading. All streets shall be constructed of concrete pavement in accordance with specifications designated by the Director of Public Works and the Street Specifications Appendix which is on file in the City offices. Such construction shall be subject to inspection and approval by the City Engineer and the Director of Public Works. Grading shall be completed to official grade on all streets for the full width of the right-of-way including sidewalks and fills and shall be compacted sufficiently to assure adequate support for permanent paving as set forth in the Street Specifications Appendix and approved by the City Engineer and the Director of Public Works. Standard installations for sanitary sewer, storm drainage and water supply shall be installed before paving, even though private service can be provided at the time of approval of the final plat.
Curbs, gutters and drainage. Curbs, gutters and drainage structures shall be provided in accordance with Chapter 560: Storm Drainage Ordinance adopted by the City. Such construction shall be subject to the inspection and approval of the City Engineer and the Director of Public Works.
Water supply. The subdivider shall be required, at their own expense, to install eight (8) inch water mains in compliance with Title VII, "Utilities" to serve the lots within the subdivided area. Tapping fees shall not be incurred until such time as the lot is developed. Further, the subdivider shall be required to provide water to each lot by completion of any one (1) of the following:
Locating upon the lot a water main which provides water to the subdivision; or
Completing a water meter set upon the lot in accordance with Title VII, "Utilities" which provides water service from the water main to the lot; or
Completing a curb box upon the lot in accordance with Title VII, "Utilities" which provides water service from the water main to the lot.
Sanitary sewer system. The subdivider shall be required, at his/her expense, to install a public sanitary sewer complying with Title VII, "Utilities". Service shall be installed to each lot terminating at the property line with an approved clean out according to Title VII, "Utilities". Tapping fees shall not be incurred until such time as the lot is developed.
Concrete sidewalks shall be constructed along at least one (1) side of every minor street shown on the plat in accordance with applicable standards and specifications of the City. Concrete sidewalks shall be constructed along both sides of all arterial and collector streets, provided however, that where the property is platted in lots having an area of one (1) acre or more, the Council may waive this requirement.
Sidewalks shall be completed upon each lot before a permanent certificate of occupancy is issued.
Street signs. Street signs made of aluminum with reflectorized lettering and mounted on metal posts shall be installed by the subdivider at all street intersections on diagonally opposite corners. Signs indicating the name of each street shall be erected at each location as close to the corner as practical, facing traffic on the cross street with the nearest portion of the sign not less than one (1) foot nor more than three (3) feet back from the curb line. The City shall approve street names and place street name signs.
Lighting. The minimum requirement for street lighting facilities shall be one (1) fourteen thousand four hundred (14,400) lumens one hundred fifty (150) watt high pressure sodium or equivalent at each street intersection within or abutting the subdivision. Light standards shall be approved by the Director of Public Works.
Landscape development. All unpaved or otherwise unimproved areas within the public right-of-way or public use areas shall be prepared and maintained with proper erosion control in a manner approved by the Director of Public Works.
Fire hydrants. Shall be installed in a pattern approved by the Director of Public Safety and Director of Public Works.
As-Built Plans. Upon completion of construction of utilities or improvements, one (1) set of reproducible tracings of complete as-built final plans, dated, signed and certified by the Engineer shall be filed with the Director of Public Works showing installed improvements including materials, size, location, depth or elevation, numbers, ends of lines, connection ways, valves, storm sewer drains, inlets and all other pertinent information. There shall be no connections made to utilities serving the subdivision until all foregoing requirements have been met.
[R.O. 2008 §410.195; Ord. No. 5566 §1, 7-28-1997]
Prior to approval of the final plat, the subdivider shall agree in writing on a form provided by the City that the subdivider will install the minimum improvements provided herein, except sidewalks, and that the subdivider understands no occupancy will be permitted by the City until the required improvements are available to each lot for which occupancy is requested or until satisfactory surety in the form of an irrevocable bank letter of credit, deposited to the credit of the City for one hundred percent (100%) of the cost of the public improvements, or a bond is furnished by the subdivider or its contractor guaranteeing the installation of the improvements to said lots. No such surety shall be accepted unless it is enforceable by or payable to the City or its agent in the sum at least equal to the cost of constructing the improvements as estimated by the City Engineer and in form with surety and conditions approved by the City Attorney.
[R.O. 2008 §410.200; Ord. No. 5354 §1, 10-16-1995]
The violation of any of the provisions of the Chapter or any Section thereof is declared a ordinance violation and subject to a fine of not more than five hundred dollars ($500.00) or by confinement in jail for not more than three (3) months, or by both such fine and imprisonment. A separate violation shall be deemed committed upon each day during or on which violation occurs or continues.
[R.O. 2008 §410.210; Ord. No. 5354 §1, 10-16-1995]
Generally. The Commission may recommend to the City Council a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. Upon recommending any variance, the Commission shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, as required herein below, the Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be recommended unless the Commission finds:
There are special circumstances or conditions affecting said property such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of his/her land.
The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
The recommending of the variance will not be detrimental to the public welfare or injurious to other property in the City of Maryville.
Application Required. Application for any variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Commission. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner.
[R.O. 2008 §410.215; Ord. No. 5354 §1, 10-16-1995]
Modification Of Requirements. The strict application of the terms of these regulations may be modified by the City Council and/or upon the recommendation of the Planning and Zoning Commission in the event any specific provision is determined impractical in its application to a specific parcel of land because of characteristics peculiar to said parcel and the intent of these regulations will not be compromised.
Enforcement. The City Manager shall be responsible for the enforcement of regulations and to this end all employees and officials of the City shall report in writing any violation or suspected violation of these regulations.
Severability. The provisions of these regulations are severable and if any provision, sentence, clause, Section or part thereof shall be held illegal, invalid or unconstitutional or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, Sections or parts of these regulations or their application to other persons and circumstances. It is hereby declared to be the legislative intent, that these regulations would have been adopted if such illegal, invalid or unconstitutional provisions, sentence, clause, Section or part had not been included therein and if the person or circumstances to which these regulations or any part thereof is inapplicable had been specifically exempted therefrom.