[Ord. No. 237 §1, 6-12-2000]
The purpose of this Chapter is to regulate and control the subdivision of land within the corporate limits of Hallsville, Missouri. These controls are deemed necessary to promote the public health, safety, and general welfare of the City. They are designed to provide for the safe, orderly, and economic use of transportation; to facilitate orderly layout and use of land; to ensure proper legal description and monumenting of subdivided land; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land and avoid undue concentrations of population; to facilitate adequate provision for transportation, water, sewage, parks, schools, playgrounds, and other requirements; and to facilitate the further subdivision of larger tracts into smaller tracts of land.
[Ord. No. 237 §2, 6-12-2000]
For the purpose of interpreting this Chapter, certain terms are defined as follows:
- A passage affording generally a secondary means of vehicular access to abutting properties and not intended for general traffic circulation and which is used primarily for vehicular access to the back or side of properties.
- The governing body of the City of Hallsville, the Board of Aldermen.
- The City of Hallsville, Missouri, a municipal corporation which territorially, shall include all land within the corporate limits of the City as such limits now exist or may, from time to time, be extended or retracted.
- The Planning and Zoning Commission of the City of Hallsville, Missouri.
- COMPREHENSIVE PLAN
- A series of plans for the physical development of the City, consisting of the development goals and objectives and other elements the Board of Aldermen may wish to include.
- A form of property ownership under the Condominium Property Act, Chapter 448, Revised Statutes of the State of Missouri.
- CONSTRUCTION PLAN
- The maps or drawings accompanying a subdivision plat and showing the specific location and design of proposed public improvements to be installed in the subdivision, in accordance with the requirements therefor.
- Any person, partnership, firm, corporation, association, trust, estate or political subdivision or other government entity who will be subdividing and improving land pursuant to the requirements of this Chapter. The terms "subdivider," "owner," and "proprietor" shall have the same definition as developer unless the context requires otherwise.
- A grant by the property owner for the use of, for a specific purpose or purposes, a strip of land by the general public, utility companies or private individuals.
- That area within the City subject to a one percent (1%) or greater, chance of flooding in any given year.
- A parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building together with its accessory buildings, open spaces and parking spaces required by City ordinance, and having its principal frontage upon a road or street.
- LOT SPLIT
- Any subdivision which involves division of a tract of land for sale or transfer, but not for development containing more than five (5) tracts, fronting on existing State, County, or City streets or highways.
- PUBLIC IMPROVEMENTS
- Any drainage ditch, roadway, parkway, storm sewer, sanitary sewer, water main, electric facility, sidewalk, walkway, tree, lawn, off-street parking area, lot improvement, or other facility for which the City may assume the responsibility for maintenance and operation, or which may constitute an improvement for which City responsibility is subsequently established by the Board of Aldermen.
- A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary sewer main, or for other similar uses. The usage of the term "right-of-way" for land platting purposes shall mean that right-of-way hereafter established and shown on a final plat to be separate and distinct from lots or parcels adjoining such right-of-way, and not included within the dimensions or areas of such lots or parcels.
- A dedicated and accepted thoroughfare for public use which affords principal means of access, directly or indirectly, to abutting properties.
- The division of a parcel of land into two (2) or more lots, or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
[Ord. No. 237 §3, 6-12-2000; Ord. No. 237-A §§1 — 2, 3-8-2004]
Regulation of the subdivision of land and the attachment of reasonable conditions thereto is an exercise of the valid police power delegated by the State of Missouri to the City of Hallsville. The developer has the duty of compliance with reasonable conditions laid down by the Planning and Zoning Commission and the Hallsville Board of Aldermen for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economical development of the City, and to promote the safety and general welfare of the future lot owners in the subdivision and of the community at large; the subdivision of land being a privilege conferred through these regulations.
The City of Hallsville has the right to recoup actual costs incurred during the analysis of the proposed subdivision by the firm employed by the City of Hallsville as our City Engineer. These costs would include but not be limited to the following: plan analysis, report preparation and creation, and any other cost found to be connected with the project evaluation.
These costs shall not exceed one thousand five hundred dollars ($1,500.00) unless the size and scope of the project warrant a higher cost to the City of Hallsville. The developer shall be notified of the projected cost prior to the work being done.
[Ord. No. 237 §4, 6-12-2000]
Public Provisions. This Chapter is not intended to interfere with, abrogate or annul any other City regulation, ordinance, statute, or other provision of law. Where any provision of this Chapter imposes restrictions different from those imposed by any other provision or regulation, whichever provisions are more restrictive or impose a higher standard shall control.
Private Provisions. This Chapter is not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of this Chapter are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of this Chapter shall govern. When such private provisions are more restrictive or impose higher standards that the requirements of this Chapter or the determinations of the Commission and the Board of Aldermen in approving a subdivision or in enforcing these regulations or determinations hereunder, then such private provisions shall be operative and supplemental to this Chapter and determinations made thereunder.
[Ord. No. 237 §5, 6-12-2000]
Deeds. It shall be unlawful for any person to file or record with the Recorder of Deeds of Boone County, Missouri, any instrument of sale, transfer or conveyance including a description of metes and bounds when the sale or transfer of that land affects a subdivision of land located within the corporate limits of the City within the meaning of this chapter and before such land has been subdivided in accordance with provisions of this chapter and the plat, if required, has been approved by the Board of Aldermen and recorded in the office of the Recorder of Deeds, Boone County, Missouri. Any deed or instrument of sale filed with the County Recorder before full compliance with the requirements of this chapter shall be deemed null and void.
Plats. The Recorder of Deeds of Boone County, Missouri, shall not file or record a subdivision plat of any land located within the corporate limits of the City unless the plat has endorsed upon it the approval of the Board of Aldermen under the hand of the City Clerk, and the seal of the City, or in the case of an administrative plat, with the signature of the Superintendent of Public Works. The plat shall show what part of land shown thereon is within the corporate limits of the City. The landowner shown on the plat shall cause to be filed with the City Clerk a statement by a registered land surveyor, set out on the plat and acknowledged by some official authorized by law to take acknowledgments or conveyances of real estate, stating that the land so shown on the plat as being within the corporate limits of the City is in fact within the corporate limits of the City. Any subdivision plat filed with said County Recorder before full compliance with the requirements of this chapter shall be deemed null and void.
No owner, or agent of the owner, of any land located within the platting jurisdiction of any municipality, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the Board of Aldermen or Planning Commission and recorded in the office of the appropriate county recorder unless the owner or agent shall disclose in writing that such plat has not been approved by such Board of Aldermen or Planning Commission and the sale is contingent upon the approval of such plat by such Board of Aldermen or Planning Commission. Any person violating the provisions of this Section shall forfeit and pay to the municipality a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. A municipality may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.
[Ord. No. 237 §7, 6-12-2000; Ord. No. 237-C, 7-23-2007]
Lots in a subdivision may be developed in separate tracts or sections, which shall be successively numbered and identified under the names of the subdivision as section or tract one (1), two (2), three (3), etc. In such an instance, the owner shall cause to be prepared by a registered engineer a general plan of the entire subdivision, showing the approximate location of all arterial streets and/or highways, collector streets and the public sanitary sewer and storm sewer drainage facilities contemplated and reasonably required to serve the entire subdivision.
When a general plan of a subdivision is required, the owner shall cause eight (8) prints thereof to be filed with the City Administrator at the same time the preliminary plat of the first section or tract is filed.
[Ord. No. 237 §8, 6-12-2000; Ord. No. 237-C, 7-23-2007]
Before preparing the preliminary plat or a major subdivision on the final plat of a minor subdivision, the subdivider shall discuss with the City Administrator the procedure for adoption of a subdivision plat and the requirements as to general layout of streets and for reservations of land, street improvements, drainage, sewerage, fire protection and similar matters, as well as the availability of existing services. The City Administrator shall also advise the applicant, when appropriate, to discuss the proposed subdivision with those City officials who are charged with recommending approval of certain aspects of the subdivision plat coming with their jurisdiction. This concept review shall be an informal review of land use and development concepts, pertinent regulations and required public improvements. The geographic scope of this review shall include the whole property held in common ownership for which whole or partial subdivision platting is desired by the subdivider as well as the surrounding property which might reasonably be affected by subdivision of the subject property.
The concept review is an informal discussion and review made available to the subdivider, and the subdivider may, after meeting with the City Administrator, proceed to prepare and submit a preliminary or final plat, as required for the classification of the subdivision as a major or minor subdivision.
[Ord. No. 237 §9, 6-12-2000]
Generally. An owner who intends to subdivide land into lots constituting a major subdivision for the purposes of sale and/or development or to dedicate land for streets, alleys, parks or other public use shall have prepared by a registered surveyor or a registered engineer a preliminary plat of the land within the subdivision, or the section or tract thereof to be developed first, prior to developing the land. As additional sections or tracts of the subdivision are desired to be developed, a preliminary plat of each section or tract shall be filed and all of the provisions of this Chapter shall be observed.
Contents. The preliminary plat shall be drawn to scale of not more than one hundred (100) feet to the inch and shall show, or be accompanied by, the following information:
The North point and scale.
The location of all existing property lines, adjoining streets and alleys, watercourses, storm sewers, sanitary sewers, water mains, gas mains and other pertinent utilities; culverts and existing buildings and pertinent features within the area to be subdivided and in the adjoining streets or alleys.
The proposed lot layout, proposed use of lots, location and width or all streets and alleys, and the zoning districts in which the land to be subdivided is located according to the current zoning of the City.
The title under which the subdivision is to be recorded, the names of all the owners of the same, including the names of the officers of any corporate owner, and the name of the registered surveyor or registered engineer platting the tract of land to be subdivided, the township, range, and section numbers of the land. If the plat is of a section or tract of a subdivision, the identification by section or township number.
The location and direction of drainage of all proposed watercourses and natural drainage channels.
The proposed location of all utilities, lands to be dedicated for public use and all proposed areas of land for private easements or common land for the use and benefit of all lot owners in the subdivision.
Each street, identified by its proposed street name, and additional rights of way to be added to existing streets.
The floodplain zoning district, if any, and any proposed alteration, adjustment or change in the elevation or topography of any area in a floodplain zoning district. Development of lots within the floodplain shall require approval of a floodplain study by a registered engineer.
Approximate area in square feet of size of lots, if less than one (1) acre in area, in acres and tenths of acres if one (1) acre or more in area, into which the land is proposed to be subdivided.
Indicate approximate location of existing and proposed sidewalks and pedestrian walkways.
If the developer intends to subdivide any portion of the land into a group housing project, planned business district, planned mobile home district or other project being developed under a special zoning procedure or conditional use section of the Code of the City of Hallsville, then the preliminary plat shall, in addition, include the following data:
A certification by a registered surveyor or registered engineer who prepared the plat that the plat is a correct representation of all existing and proposed land division.
The results of any tests made to ascertain subsurface rock and soil conditions and the water table.
Proposed covenants and/or restrictions intended for all or any of the lots of the subdivision, or covenants and/or restrictions required by this Chapter.
Submissions And Approval Procedure.
The owner shall submit eight (8) copies of the preliminary plat to the City Administrator. Following is the dissemination of the copies:
The City Administrator shall give the owner at least five (5) days' notice of the date, time and place of the next meeting of the Commission, wherein the plat shall be reviewed by the Commission. Additionally, the City Administrator shall notify the public of the submission of the plat and the review of that plat by the Commission by public notice in a newspaper of general circulation within the City, at least five (5) days before said Commission meeting.
The City Administrator shall solicit the comments of the Hallsville R-IV School District, any proposed utility to serve the land and the proposed development, and they shall be requested to submit a report on the impact of the development prior to the date of the meeting.
At the scheduled meeting, the Commission shall conduct a public hearing and review the preliminary plat. At said hearing, the owner or his/her designated representative shall appear and be heard and other interested persons may appear and be heard regarding the plat.
Within forty-five (45) days, or such additional period of time as the owner consents to in writing, after submission of the preliminary plat by the owner, the Commission shall act upon the plat and approve, conditionally approve or disapprove the same.
If the Commission conditionally approves the plat, it shall state in writing any revisions, modifications, additions or deletions required of the owner by state law and/or the Code of the City of Hallsville, before a final plat may be prepared for approval. Such changes may relate:
To the width and/or alignment of streets to include the grades.
To the type, capacity and location of sanitary sewer and/or storm sewer facilities.
To the location and capacity of all public utility facilities.
To the location, width and purpose of easements appearing on the plat or required by the City for public use.
To lot sizes and/or lot layout.
To such other matters as, in the opinion of the Commission, may be in the public interest.
The Commission shall submit a written report of its action on the preliminary plat to the owner and to the City Administrator along with a copy of the preliminary plat, indicating any necessary revisions or modifications it believes is necessary. The City Administrator shall notify the owner within five (5) days' notice of the date, time and place of a meeting of the Hallsville Board of Aldermen wherein the preliminary plat and the written report of the Planning and Zoning Commission shall be reviewed by the Board. The City Administrator shall also notify the public by public notice in a newspaper of general circulation within the City, at least five (5) days prior to the Board meeting. At said meeting, the Board of Aldermen shall hold a public hearing and the owner or his/her representative may appear and be heard as may other interested parties. At either the meeting when the public hearing is held or the next meeting of the Board of Aldermen, the Board shall by resolution, enter its order approving, modifying or rejecting the written report of the Commission on the preliminary plat.
If the Planning and Zoning Commission fails to approve or disapprove the preliminary plat within sixty (60) days after submission of the preliminary plat by the owner, or within such additional time as the owner consents to in writing, the plat shall be deemed and considered approved by the Commission and the City Clerk shall certify the approval of the Commission on the plat.
Approval of the preliminary plat shall authorize the owner to prepare the final plat and complete engineering designs, but such approval shall not constitute an approval of the plat for purposes of recording, or for the sale and/or development of any lot, tract or parcel of land within the area specified by the preliminary plat.
[Ord. No. 237 §10, 6-12-2000; Ord. No. 237-C, 7-23-2007]
Generally. Following the approval of the preliminary plat of a subdivision, the owner may file an application for final plat approval in order to complete the subdivision process.
Contents. The final plat of the subdivision, or section or tract thereof, shall be drawn to a scale of not more than one hundred (100) feet to the inch and shall contain or be accompanied by the following information:
The title under which the land is to be recorded. If the plat is of a section or tract of a subdivision, the identification by section or tract number.
The names of the owners of the land platted and, if the owner is a corporation, the names of the owners thereof.
Certification by the registered surveyor or registered engineer who prepared the final plat to the effect that the plat represents a survey made by him/her and that the locations of all required survey monuments, installed or to be installed, are correctly shown thereon. The month and year during which the plat was made shall also be shown.
The North point and scale.
The exterior boundaries of the land platted, including bearings and distances.
The right-of-way widths of all streets and the proposed improved widths of all roadways.
The location of public sidewalks.
The location of existing buildings on the land platted and the location of building lines and setback requirements if more restrictive than those required in the Code of the City of Hallsville.
All areas of land to be dedicated for public use, and their intended use. These areas will be intended for such uses; however, such public use areas shall be dedicated to the City of Hallsville for public use in general.
The widths, names and lines of all streets on land adjoining the land shown on the plat.
The angle of departure from one (1) street or alley to another, except where the angle of departure is either ninety degrees (90°) or one hundred eighty degrees (180°).
The dimensions of the lots, the number of all lots and the mailing addresses of all lots on the plat.
The location and dimensions of all utility easements on the plat, and stormwater control easements.
All linear and angular dimensions necessary to locate the boundaries on the plat in relation to a section or quarter-section corner or line, or an established lot line of record.
All linear and angular dimensions of all streets, alleys, lots, utility easements, sanitary sewer and surface water drainage, easements or other areas on the plat, and such linear dimensions shall be expressed in feet and decimals of a foot.
All radii, arcs and chords, points and tangency and central angles for all curves and rounded corners on the plat.
The location and description of all monuments, and all street corners, alley lots or other area corners, intersections and all perimeter corners or angle points shall be marked with a suitable, durable monument.
Accurate elevation for a permanent benchmark.
The form for dedication to public use of areas identified as rights-of-way for streets, alleys, drives, roadways of any kind, parkways, parks, sanitary sewer easements, surface water easements and public utility easements, and all other areas intended for public use, with appropriate spaces for the signatures of all owners, trustees or mortgagees, of the land platted.
All common land and any other land designated as a private easement, said common land and other land being for the use and benefit of all lot owners in the subdivision.
If the developer desires restrictions or covenants on any land contained in the subdivision that are greater than those required by the Code of the City of Hallsville on zoning, or this Chapter, such restrictions or covenants shall be indicated on the plat or shall accompany the plat by separate instrument. All such restrictions or covenants shall be signed and agreed to by all owners, trustees, and mortgagees, if any, of the land to which the restrictions or covenants apply.
A form for the approval of the Planning and Zoning Commission and the Mayor, and certification by the City Clerk.
The agreement on the plat of all owners, trustees and mortgagees, if any, to comply with all provisions of this Chapter.
Submission And Approval Procedure.
Within six (6) years, or within such additional time as the owner in writing may request and the Planning and Zoning Commission may allow, the owner shall cause to be prepared by a registered surveyor or registered engineer and shall submit to the Board of Aldermen five (5) prints of the final plat thereof, to be referred to the Planning and Zoning Commission for its review and recommendations.
If the owner fails to file with the Planning and Zoning Commission the final plat within the time mentioned in Subsection (C)(1) of this Section, then the Commission shall, by written report, vacate and set aside its previous report approving the preliminary plat, and a copy of such report shall be sent to the owner and the Board of Aldermen. The report shall be final and unappealable.
At its next meeting, the Commission shall review the final plat. The City Administrator shall give the owner and public at least five (5) days' notice of the date, time and place of said meeting wherein the final plat shall be reviewed by the Commission. The owner or his/her designated representative shall appear and be heard.
Within forty-five (45) days, or such additional time as the owner consents to in writing, after submission of the final plat by the owner, the Commission shall act upon the plat and approve, conditionally approve or disapprove of the same.
The Commission shall submit a written report of its action on the final plat to the owner and the Board of Aldermen, along with a copy of the plat, indicating any necessary revisions or modifications. The owner shall be entitled to appeal the Commission report to the Board of Aldermen.
If the Commission approves the final plat, it shall endorse its approval on the five (5) prints thereof, retain one (1) print and transmit one (1) print to the owner and three (3) prints to the Board of Aldermen. If the Board approves the plat, the plat shall be signed by the Mayor and certified by the City Clerk. In addition, the owner shall furnish the City of Hallsville with the original tracing and a reproducible copy of the final plat as approved.
Approval of the final plat by the Board of Aldermen constitutes acceptance of the dedications of public easements and street rights-of-way as property but does not constitute acceptance by the City of Hallsville of streets or their improvements for maintenance. The City shall have no duty to maintain the streets or other improvements until the provisions of this Chapter have been met by the developer.
No final plat of any subdivision shall be approved by the Board of Aldermen unless the developer has complied with the provisions of this Chapter.
[Ord. No. 237 §11, 6-12-2000; Ord. No. 237-B, 3-27-2006]
Upon the completion of street paving, the developer shall request in writing acceptance of the street by the City of Hallsville for seasonal maintenance, namely snow removal. The City of Hallsville shall not accept streets for maintenance until the pavement has completed the inspection process and until all the provisions of the City of Hallsville dealing with streets have been met.
Upon completion of sanitary sewers, the developer shall prepare a conveyance to the City for said sanitary sewers. Following inspection by the City, the Board of Aldermen shall accept such conveyance by ordinance.
Before the developer's obligation to the City is terminated, all required improvements shall be constructed under the observation and inspection of the City and accepted for maintenance or given final approval by the City.
If within five (5) years from the date the City of Hallsville accepts an improvement (not to include streets) for maintenance, the improvement becomes in need of repair, correction or replacement because of defect in workmanship in making, constructing or installing the improvement, the developer shall, at the developers cost and expense, promptly correct and repair or replace (at the discretion of the City) the improvement upon being notified of said defect by the City.
[Ord. No. 237 §12, 6-12-2000]
In order to facilitate the orderly subdivision of large tracts of land for separate parcel sale, the lot split procedure may be used, by which division authorization is given administratively, and ordinary plat preparation, review and Commission and/or Board of Aldermen approval is not required. The lot split procedure is not intended to and does not exempt property from normal subdivision platting and improvement requirements for its development in accord with these and other applicable regulations; however, it may provide a means by which those platting and public improvement responsibilities can be placed primarily with the developer of such land, parcel by parcel, at the time such development actually occurs, rather than at the time of initial large tract subdivision into suitably smaller parcels for separate sale.
Application for approval of a lot split shall be made to the Superintendent of Public Works. The application shall:
Be on forms supplied by the City of Hallsville;
Upon filing an application for approval of a lot split, the Superintendent of Public Works shall examine the same, and consult with other City Departments as he/she deems necessary. No lot split shall be approved by the Superintendent of Public Works until he/she determines that the proposed lot split meets the following criteria:
The property shall be divided into not more than five (5) parcels.
Adequate provision shall be made for future subdivision of the resultant parcels for development, for the opening of future streets to serve the parcels and for the extension of utilities or related public improvements and facilities in accordance with normal requirements.
The resulting parcel configuration shall not adversely affect development of the balance of the tract or parcels, nor of adjoining properties, nor be in conflict with any provision of the zoning ordinances or any other ordinance of the City of Hallsville.
The Director shall approve or disapprove of the request, and notify the subdivider in writing of such action within fourteen (14) calendar days of filing of the application. The Director, on approval a lot split, shall certify to the Recorder of Deeds that the survey required hereunder complies with all the provisions of this Chapter.
If the Director disapproves the split or fails to approve or disapprove the same within fourteen (14) days, the subdivider may within five (5) days after the expiration of such fourteen-day period, request the Director to transmit the lot split to the Commission for its approval or disapproval. The request shall be in writing and dated and signed by the subdivider or his/her duly authorized agent. Upon such written request, the Director shall transmit the lot split to the Commission. The Commission shall approve or disapprove the lot split at its next scheduled meeting which is not less than seven (7) days after the date shown on the written request to the Director to transmit said lot split to the Commission.
The Commission shall forward the lot split and its recommendation thereon to the Board of Aldermen for consideration at the Board's next regular meeting. The Board of Aldermen shall approve or disapprove of the lot split at the regular meeting and failure of the Board of Aldermen to act within the time prescribed shall be deemed approval.
Except as may otherwise be provided, no permit for street or utility extension, nor permit for building development, shall be issued for any of the resultant parcels, unless or until such parcel or portion thereof has been platted in accordance with this Chapter.
[Ord. No. 237 §13, 6-12-2000]
All subdivision streets shall be arranged for the continuation of existing streets in adjoining subdivisions and to the extent possible, the anticipated projections of streets through adjoining unsubdivided or undeveloped property, to allow for convenient movement of vehicular traffic and the orderly development of adjoining property, and shall adhere to the major street plan where applicable.
When a new subdivision adjoins undivided lands, susceptible to being subdivided, the new streets shall be carried to the boundaries of the land susceptible to being subdivided at a later date, and a temporary paved turnaround shall be installed at this point.
Permanently designed dead-end or cul-de-sac streets shall not be longer than eight hundred (800) feet and shall be provided with a paved turnaround at the closed end in accordance with the Code of the City of Hallsville.
The minimum length of a block shall be three hundred (300) feet; the maximum length of a block shall be one thousand (1,000) feet. Blocks shall be wide enough to allow two (2) tiers of lots, except where prevented by topographical conditions, in which case the Commission may alter the size.
Streets shall intersect one another at as near a right angle as possible, and no intersection angle shall depart from a right angle more than twenty degrees (20°). Street jogs with center-line offsets of less than one hundred (100) feet shall be avoided.
The width of utility easements shall be determined by the Commission, but shall not be less than ten (10) feet when adjoining a street right-of-way or a total of twenty (20) feet when not adjoining a street right-of-way. No trees, shrubs, or structures, including fences, shall be permitted within the utility right-of-way. These provisions shall be stated in all utility dedications on the plat.
If any utility services are to be installed under the proposed streets and they shall be installed prior to paving where subsurface conditions prevent pushing of the service under the completed pavement. Sewer laterals and water mains shall be installed and stubbed in prior to street paving, if the sewer main or water main is located in the street right-of-way. All such service connections shall be referenced and marked for future use. Electric, telephone, and cable television utilities shall be located in a rear yard easement unless otherwise approved by the Planning and Zoning Commission.
All streets constructed shall comply with existing ordinances of the City of Hallsville, in specifications to include width, curb and gutter, and composition.
Alleys shall meet the following standards:
Residential Areas. Public alleys shall not be permitted in residential areas. Private alleys may be established and permitted along the rear of adjoining lots for common use by landowners. The instrument creating the public alley shall specifically require that the repair and maintenance of the private alley shall be provided by subdivision property owners adjoining the alley. That instrument shall be recorded in the Office of the County Recorder of Deeds and may be in the plat or subdivision covenants or restrictions.
Non-Residential Areas. Public alleys shall be provided in non-residential areas, except that the Planning and Zoning Commission may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent with and adequate for the use proposed.
Dead-End. Dead-end alleys shall not be permitted; provided, however, that the Commission may waive this requirement where such dead-end alley is unavoidable and where adequate turnaround facilities have been provided.
[Ord. No. 237 §14, 6-12-2000]
Sidewalks shall be required on both sides of all streets in a subdivision and on the subdivision side of streets abutting a subdivision.
Sidewalks shall be constructed to the specifications as required by the Code of the City of Hallsville.
Where sidewalks are to be located adjacent to a roadway under the jurisdiction of the Missouri Highway and Transportation Commission, said sidewalks may be required to be placed in a public easement outside the State road right-of-way. Maintenance of sidewalks along a State road right-of-way shall be the responsibility of the adjoining property owners of the subdivision.
On residential streets, when approved by the Commission, sidewalks may be constructed adjacent to or as a part of the required curb.
Sidewalk Exception Procedure. A developer may apply to the Commission for deletion of sidewalks or approval of an alternate plan. The Commission may grant an application to delete sidewalks or approve an alternate sidewalk plan in any of the following cases.
Where sidewalks are not deemed necessary for the public safety or where topographical or other conditions make their installation and use impractical;
Where the subdivision developer has submitted for review a proposed sidewalk plan that provides for more direct and safer movement of pedestrian traffic; or
Where justifiable conditions can be shown that strict application of the requirements contained in this Section would:
[Ord. No. 237 §15, 6-12-2000]
All proposed subdivisions shall have easements as determined by the Commission to be adequate for the installation and maintenance of utility facilities, including cable television distribution systems. No trees, shrubs or structures, including fences, shall be permitted within the utility right-of-way. These provisions shall be stated in all utility dedications on the plat.
Where cut or fill for a street extends beyond the limits of the right-of-way, the developer shall provide a slope easement of sufficient area and limits to permit the construction and maintenance of the slope.
Stormwater And Water Control Easements:
Whenever a stream or surface drainage course is located in an area proposed for a subdivision, the developer shall provide an easement determined by the Planning and Zoning Commission to be adequate in area to contain facilities to take care of flooding or erosion along the stream or surface drainage course.
Stormwater easements and drainage rights-of-way may be required if necessary for proper drainage within and through a subdivision.
Stormwater control easements are required along all major creeks and significant tributaries; around and including all new wet lakes functioning as part of a stormwater control system; and for all detention areas, basins, and related structures.
Stormwater control easements shall include a minimum dimension of twenty (20) feet back from the bank of improved creek channels as approved or of such width back from unimproved channels as required by the Commission.
Access easements shall be required as necessary to provide for the upkeep of the area within designated stormwater control easements. All easements shall be shown on the final plat.
[Ord. No. 237 §16, 6-12-2000]
All lots in original subdivisions shall be numbered consecutively from one (1) through the total number of lots, even though the subdivision may be recorded in sections.
The size of lots shall meet the minimum zoning requirements of the Code of the City of Hallsville, for the area being subdivided, and the lots shall be arranged at right angles to street lines or radial to curved street lines and shall front on a public street. Areas used for open stormwater drainage easements shall not be included in the calculations of running lot dimensions.
All lots shall abut on a publicly dedicated street. Each lot shall meet the minimum frontage requirements of the Code of the City of Hallsville, consistent with the zone district where the platted land is located.
[Ord. No. 237 §17, 6-12-2000]
The size, shape and orientation of lots and the orientation of structures shall be designed to provide desirable building sites logically related to topography, natural features, streets, parking areas, common land, other structures and adjacent land uses.
It is the intent of this Chapter that subdivisions be designed and developed in such a manner as to provide for the continued structured, controlled growth of the City of Hallsville. In the review of sketch plats and preliminary plats, the Planning and Zoning Commission may direct changes in the size and location of proposed streets and in the proposed land use of subdivisions. Such changes shall be made whenever the Commission finds that a proposed subdivision does not follow the intent of the City of Hallsville in promoting the growth in a controlled, structured manner, or by design, could hinder the continued expansion of the City of Hallsville.
When the Board of Adjustment, as provided for in Section 89.480 of the Revised Statutes of Missouri, determines that in a particular instance an owner cannot possibly or practically observe the requirements of any provision of this Chapter because of the presence of unusual circumstances or conditions, and that the strict application of the requirements of said provisions would either prevent or present a serious obstacle to the formulation of a plat for the reasonable use and development of land in subdivision form, the Board of Adjustment may permit a variance from the requirements of such provisions.
[Ord. No. 237 §18, 6-12-2000]
When reference is made in this Chapter to any other ordinance of the City of Hallsville, or any section thereof, or to any State law, the reference shall apply to all amendments and additions to such ordinances, sections or State law.
The subdivider shall adhere to design standards as established in these regulations and in addition all subdivisions shall comply with all applicable state and federal provisions and regulations; the Comprehensive Plan for the City of Hallsville, plans for public utilities, City of Hallsville ordinances, and City of Hallsville regulations.
[Ord. No. 237 §19, 6-12-2000]
If any part or provision of this Chapter 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 said judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Chapter or the application thereof to other persons or circumstances. The Planning and Zoning Commission and the Board of Aldermen hereby declare that they would have enacted the remainder of this Chapter even without any such part, provisions, or application.
[Ord. No. 237 §20, 6-12-2000]
Any person who violates any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not more than five hundred dollars ($500.00). Each day that a violation exists shall constitute a separate and distinct offense.