[R.O. 2012 § 505.010; Ord. No. 20 § 1, 8-5-1974]
The rules and regulations governing plats of the subdivisions of land and lot splits contained herein shall be considered minimum, and shall apply within the corporate limits of the City of Kimberling City in accordance with the provisions of Section 89.410, RSMo.
[R.O. 2012 § 505.020; Ord. No. 20 § 2, 8-5-1974]
For the purpose of interpreting this Chapter, certain terms are defined, as follows:
- A passage or way affording generally a secondary means of vehicular access to abutting properties and not intended for general traffic circulation.
- The Board of Aldermen of Kimberling City, Missouri.
- CITY PLAN
- The Sketch Plan or City Plan or Comprehensive Plan of the City of Kimberling City, whether in whole or in part, as adopted by the Planning and Zoning Commission, approved by the Board of Aldermen and duly recorded in the Office of the County Recorder of Stone County. It may consist of several maps, data, and other descriptive matter, for the physical development of the City or any portion thereto, including any amendment, extension, or additions thereof adopted by the Board of Aldermen indicating the general locations for major streets, parks, schools, or other public open spaces, public building sites, routes for public utilities, zoning districts, or other similar information.
- A short street having one (1) end open to traffic and being terminated at the other end by a vehicular turn-around.
- A grant by the property owner of the use, for a specific purpose or purposes, of a strip of land by the general public, utility companies, or private individuals.
- A parcel of land occupied or intended for occupancy by a building, together with its accessory buildings, including open space for light and air as required by Chapter 400.
- OPEN SPACE-PUBLIC
- Land which may be dedicated or reserved for acquisition for general use by the public, including parks, recreation areas, school sites, community or public building sites, and other lands.
- PLANNING AND ZONING COMMISSION
- The Kimberling City Planning and Zoning Commission.
- PLANNING AND ZONING COMMISSION REPRESENTATIVE
- The City Engineer of the City of Kimberling City.
- ROADWAY WIDTH OR SURFACE WIDTH
- That portion of any street designed for vehicular traffic and, where curbs are paved, that portion of the street between the curbs.
- The full width between the property lines bounding every way whatever nature when any part thereof is open to use by the public as a matter of right, for the purpose of vehicular traffic and whether designated as a street, highway, freeway, expressway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, circle, court, or however otherwise designated.
- 1. Major streets and highways are those which are used primarily for fast or heavy through traffic.
- 2. Collector streets are those which provide for traffic movement between major streets and highways and local streets including principal entrance streets or residential developments and streets for circulation within such developments.
- 3. Local and minor streets are those used primarily to provide direct access to individual lots and for local traffic movements.
- 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.
- A major street.
- THOROUGHFARE-PRIMARY, SECONDARY
- A major street so designated in the official Thoroughfare Plan.
- THOROUGHFARE PLAN
- The official plan of highways, primary and secondary thoroughfares, parkways and other major streets, including collector streets, adopted by the Planning and Zoning Commission, approved by the Board of Aldermen, and duly recorded in the Office of the County Recorder of Stone County.
[R.O. 2012 § 505.030; Ord. No. 20 § 3, 8-5-1974]
Compliance. Any owner or proprietor of any tract of land who subdivides that tract of land and who violates any of the provisions of this regulation shall be guilty of an ordinance violation, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars ($500.00). (Each day during which such violation shall be permitted to exist shall constitute a separate offense hereunder.)
Recording. Any owner or any proprietor of any tract of land situated within the corporate limits of the City who subdivides the same shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the Office of the Recorder of Deeds of Stone County. A reproducible copy shall be filed with the City Clerk of Kimberling City also.
Approval. No plat of a subdivision shall be recorded unless and until it shall have been submitted and approved by the Commission and Board in accordance with the regulations set forth in this regulation and so certified by the City Clerk.
Prepared By Land Surveyor And Professional Engineer. Every plat shall be prepared by a registered land surveyor duly licensed by the State who shall cause his/her seal to be affixed on the face of the plat. All improvement plans, i.e., streets, water, sewer systems, etc., shall be prepared by a registered professional engineer, duly licensed by the State, and such plans shall bear the seal and signature of the professional engineer.
Required Statement. Every plat or the deed of dedication to which such a plat is attached shall contain, in addition to the registered land surveyor's seal, a statement to the effect that the above and foregoing subdivision of (here insert correct description of the land subdivided) as appears in the plat in question is with the free consent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any, and shall be duly acknowledged, before some officer authorized to take acknowledgements of deeds, and when thus executed and acknowledged, shall be filed and recorded in the Office of the Recorder of Deeds of Stone County and indexed under the names of the owners of the lands signing such statement and under the name of the subdivision.
No Contract Of Sale. No person, firm or corporation, proposing to make or have made a subdivision within the territorial jurisdiction of these regulations shall enter into any contract for the sale of, or shall offer to sell any subdivision or any part thereof, until he/she or it has obtained from the Planning and Zoning Commission approval of the Final Plat of the proposed subdivision and the approval made a matter of public record. Any person, firm or corporation engaged in the dividing, or subdividing of land into lots or parcels for the purpose of conveyance within the scope and application of these regulations shall be known as the developer.
[R.O. 2012 § 505.040; Ord. No. 20 § 4, 8-5-1974; Ord. No. 150, 4-20-1993; Ord. No. 187, 6-20-1995]
In planning and developing a subdivision, the developer shall comply with the general principles of design and minimum requirements for the layout of subdivisions set forth in Section 410.080 and with the rules and regulations, and concerning required improvements set forth in Section 410.090 in these regulations, and in every case shall pursue the following procedure:
Pre-Application Proceedings — Planning And Zoning Commission Representative. Prior to preparing and submitting the Preliminary Plat to the Planning and Zoning Commission, the developer or his/her engineer shall consult with the representative of the Planning and Zoning Commission, while the plat is in sketch form to ascertain that the general features of the subdivision, its layout, facilities and required improvements shall be determined to the extent necessary for preparation of the Preliminary Plat. The developer may also appear before the Planning and Zoning Commission while the plat is in sketch form for a similar consultation. The sketch shall be of adequate size, enabling legible lot and street configurations and dimensional approximations. If the Commission moves to accept the plat sketch in concept, it will advise the developer by letter to proceed with the preparation of a preliminary plat, prepared by a qualified, registered land surveyor. The letter will also advise that the recommendation does not bind the Planning and Zoning Commission to accept the preliminary or final plats. Pre-application proceedings shall be properly documented by minutes of conferences and memoranda, as may be necessary, and copies of such documentation shall be furnished by the developer.
Preliminary Plat. The developer shall prepare and deliver to the City Engineer a Preliminary Plat of the proposed subdivision which shall conform with the requirements set forth in Section 410.050 at least two (2) weeks prior to the meeting of the Planning and Zoning Commission at which action is desired.
Checking And Reviewing. The Preliminary Plat shall be checked by the Planning and Zoning Commission as to its conformity with the City Plan of Kimberling City, and as to the plat's compliance with the standards, requirements and principles hereinafter prescribed; and the Planning and Zoning Commission shall cause said Preliminary Plat to be checked by the Planning and Zoning Commission's representative to ascertain compliance with all applicable additional requirements of Municipal, County, State, and Federal departments and agencies concerned and with applicable regulations of public utility companies.
Final Plat. Upon completion of all required improvements as stipulated by the Planning and Zoning Commission, the developer shall file with the Planning and Zoning Commission the Final Plat of the subdivision. The Final Plat may include all or any reasonably acceptable part of the approved Preliminary Plat. A fee of two hundred dollars ($200.00) must accompany the final plat to cover administrative costs.
Approval, Disapproval Or Modification By Planning And Zoning Commission. The approval of the Planning and Zoning Commission or the refusal to approve shall take place within sixty (60) days from and after the submission of the plat for final approval, unless the developer agrees in writing to an extension of this time period; otherwise said plat shall be deemed to have been approved and the certificate of said Planning and Zoning Commission as to the date of the submission of the plat for approval and as to the failure to take action thereon within such time shall be sufficient in lieu of the written endorsement or evidence of approval therein required. The grounds of refusal of any plat submitted or regulations violated by the plat shall be stated upon the record of the Planning and Zoning Commission.
[R.O. 2012 § 505.050; Ord. No. 20 § 5, 8-5-1974]
Number Of Copies And Required Scale. The Preliminary Plat of the proposed subdivision, three (3) black line or blue line prints prepared by a qualified registered land surveyor, shall accompany an application in writing to the Planning and Zoning Commission. The horizontal scale of the Preliminary Plat shall be one hundred (100) feet or less to the inch. Improvement plans shall be prepared by a qualified registered professional engineer and vertical scale of street and sewer profiles shall be ten (10) feet or less to the inch.
Required Information On Plat. The Preliminary Plat shall clearly show the following features and information.
Name And Code. The proposed name of the subdivision which shall not duplicate or closely approximate the name of any other subdivision in the City of Kimberling City, or of any Subdivision filed in Stone County.
Designation. The tract designation according to real estate records of the Recorder of the county where located.
Owners Of Record. The names and addresses of the owner or owners of record, the developer and the engineer or surveyor.
Boundary Lines. The boundary lines, accurate in scale, of the tract to be subdivided.
Streets And Other Features. The location, widths, and names of all existing or platted streets or other public ways within or adjacent to the tract, and other important features such as existing permanent buildings; large trees and water courses; railroad lines; corporation and township lines; utility lines, etc.
Existing Utilities. Existing sewers, water mains, culverts and other underground structures within the tract and immediately adjacent thereto with pipe sizes and grades indicated.
Soils. Type and extent of soil groups with main soil horizon description.
Geology. Location, type, and extent of subsurface and exposed geological formations.
Proposed Design — Street, Drainage, Etc.
The layout names and widths of proposed streets, alleys and easements;
The location and approximate sizes of catch basins, culverts and other drainage structures;
The layout, numbers and approximate dimensions of proposed lots. Proposed streets names shall be established to the satisfaction of the Planning and Zoning Commission Representative and shall not duplicate or closely approximate any existing or platted street names in the City, except extensions of existing streets.
Zoning. Zoning boundary lines if any, proposed uses of property and proposed front yard set-back lines.
North Point, Etc. North-Point, scale, date, title and other pertinent data.
Deed Restrictions. Copies of any private restrictions to be included in the deeds should be attached to the Preliminary Plat.
[R.O. 2012 § 505.060; Ord. No. 20 § 6, 8-5-1974]
In addition to all of the standard requirements for a Preliminary Plat as indicated in Section 410.050 of this Chapter, the altered or additional requirements contained below will be required as part of the final plat.
Number Of Copies And Required Scale. Three (3) black line or blue line prints of the final or record plat of the subdivision, or any part of a larger subdivision, shall be submitted to the Planning and Zoning Commission by the developer, together with a written application for approval on forms provided by the Planning and Zoning Commission. The original and Final Plat shall be filed with the County Recorder of Deeds and a reproducible copy shall be filed with the City Clerk of Kimberling City.
Bearings — Distances. True bearings and distances to nearest established street bounds, patent or other established survey lines, or other official monuments, which monuments shall be located or accurately described on the plat. Any patent or other established survey or corporation lines shall be accurately monument-marked and located on the plat, and their names shall be lettered on them. The length of all arcs-radii, points of curvature and tangent bearings; all easements and right-of-way, when provided for or owned by public services (with the limitation of the easement rights definitely stated on the plat); all lot lines with dimensions in feet and hundredths, and with bearings and angles to minutes if other than right angles to the street and alley lines.
Monuments. The accurate location and material of all permanent reference monuments.
Lots And Block Numbers. All lots, plots or building sites (lots) in any addition to a subdivision shall be arranged in blocks designed in consideration of topography, soil and intended use. Lots shall be numbered consecutively from one (1) to the total number of lots in a block. Resubdivided lots shall be designated by their original number and a letter suffix: 3A, 3B, 3C, etc.; or by their original number prefixed with a term accurately describing such division: W 1/2 of 3, N 40 ft. of 5, etc.
Dedicated Property. The accurate outline of all property which is offered for dedication for public use, and of all property that may be reserved by covenant in the deeds for the common use of the property owners in the subdivisions, with the purpose indicated thereon. All lands dedicated to public use other than streets or railroads shall be marked "Dedicated to the Public."
Engineer's Certificate. Affidavit and certificate by a qualified professional engineer, or a qualified registered land surveyor to the effect that the plat is a correct representation of all the exterior boundaries of the land surveyed and the subdivision of it; that the plat represents a survey made by him/her and that all monuments indicated thereon actually exist and their location, size and material are correctly shown.
Tax Paid Certificate. A certificate issued by the authorized City and County officials to the effect that there are no unpaid taxes due and payable at the time of plat approval and no unpaid special assessments, whether or not due and payable at the time of plat approval, on any of the lands included in the plat, and that all outstanding taxes and special assessments have been paid on all property dedicated to public use.
[R.O. 2012 § 505.070; Ord. No. 20 § 7, 8-5-1974; Ord. No. 140, 5-4-1992; Ord. No. 150, 4-20-1993; Ord. No. 160, 1-4-1994; Ord. No. 187, 6-20-1995]
Minor Subdivisions — Exemptions. In the case of a small subdivision of minor importance situated in a locality where conditions are well defined, the Planning and Zoning Commission on written request of the developer, may exempt the developer from complying with some of the requirements stipulated in Sections 410.040, 410.060 and 410.070, pertaining to the preparation of the plats.
Any proposed lot-combination or lot-split shall be submitted to the Planning and Zoning Commission for its determination. The requestor(s) may present a sketch plan initially to obtain advice and counseling from the Commission on the proposed change. The sketch shall be of adequate size, enabling legible lot and street configurations and dimensional approximations. If the Commission moves to accept the plat sketch in concept, it will advise the petitioner by letter to proceed with the preparation of an amended plat, certified by a professional engineer or registered land surveyor indicating the original platted boundaries and the final configuration of the boundaries of the lots, being split or combined. The letter will also advise that this recommendation does not bind the Planning and Zoning Commission to accept the amended plat; it will also advise that the following will be required to accompany the amended plat when it is submitted to the City Clerk:
Original/platted boundary(ies) of the lots being split or combined.
The amended plat shall indicate the final configuration of the boundaries of the lot or lots being split or combined.
The amended plats shall be certified by a professional engineer or registered surveyor.
A fee of fifty dollars ($50.00) must accompany the request.
If the Planning and Zoning Commission is satisfied that such lot-combinations or lot-split is not contrary to applicable regulations, it may recommend approval of the stated request to the Board of Aldermen; provided such action is without detriment to the public interest and is consistent with the desirable general development of welfare of the neighborhood and the community in accordance with the Comprehensive Plan and the Zoning Regulations set out in Chapter 400.
Pre-application proceedings shall be properly documented by minutes of conferences and memoranda, as may be necessary, and copies of such documentation shall be furnished by the developer.
Modification — Undue Hardship. In any particular case where the developer can show by plan and written statement that, by reason of exceptional topographic or other physical conditions, literal compliance with any requirement of these regulations would cause practical difficulty or exceptional and undue hardship, the Planning and Zoning Commission may modify such requirement to the extent deemed just and proper, so as to relieve such difficulty or hardship; provided such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these regulations or the desirable general development or welfare of the neighborhood and the community in accordance with the Comprehensive Plan and the Zoning Ordinance. Any modification thus granted shall be spread upon the minutes of the Planning and Zoning Commission setting forth the reasons which in the opinion of the Planning and Zoning Commission, justified the modification.
[R.O. 2012 § 505.080; Ord. No. 20, § 8, 8-5-1974; Amend. #1 to Ord. No. 20, 9-4-1979]
In order to protect the health, safety and general welfare of the people, the Planning and Zoning Commission will reject any proposed subdivision located in an area subject to periodic flooding. Whenever a subdivision is proposed to be located in an area having poor drainage, or other adverse physical characteristics and impairment, the Planning and Zoning Commission may approve the plat provided the developer binds himself legally to make such improvements as, in the judgement of the Planning and Zoning Commission, will render the subdivision substantially safe and otherwise acceptable for the intended use.
In order to insure proper development of the subdivision, completion of improvements, utilities and streets in accordance with the requirements of this Chapter, the developer shall post with the Commission a surety performance bond, running to the City of Kimberling City, written by a professional bonding company or other surety acceptable to the Planning and Zoning Commission, sufficient to cover the cost of such improvements as estimated by the officials having jurisdiction.
All work in connection with the requirements outlined in Subsection A(1) and (2) above shall be completed within eighteen (18) months from the date of approval of the subdivision by the Board of Aldermen of the City of Kimberling City. Unless an extension in time is granted by the Board of Aldermen of the City of Kimberling City; otherwise the performance bond or other such security shall be paid to the City which may then arrange to complete the required work from the bond proceeds.
Comprehensive Plan — Compliance. The subdivision layout shall conform to the Official Thoroughfare Plan or other elements of the Comprehensive Plan. Whenever a tract to be subdivided embraces any part of a highway, thoroughfare or other major collector street so designated on said Plan, such part of such public way shall be platted by the developer in the location and at the width indicated in the Plan.
The Street And Block Layout. The street layout of the subdivision shall be in general conformity with a plan for the most advantageous and aesthetically pleasing development of the entire neighborhood, including adjoining areas. Where appropriate to the design, proposed streets shall be continuous and in alignment with existing, planned or platted streets with which they are to connect.
Dead-End Streets. Dead-end streets of reasonable length may be approved where necessitated by topography or where, in the opinion of the Planning and Zoning Commission, they are appropriate for the type of development contemplated.
Intersecting Streets. Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit. Four-way intersections shall be used for minor interior streets wherever practicable and not in conflict with other applicable design principles and standards.
Access. Each lot shall be provided with access to the public street or highway to assure convenient ingress and egress to and from such lot, and to provide adequately for the layout of utilities, garbage and waste removal, fire and police protection, and other services, and to protect and further the public health and safety generally.
Street Right-Of-Way Requirements And Utility Easements.
Streets. Forty-foot right-of-way.
Minor Streets, Dead-End Streets And Cul-De-Sac Streets. All dead-end streets shall terminate in a circular turn-around having a minimum right-of-way diameter of one hundred (100) feet.
Alleys. Alleys, where platted, shall have a minimum width of twenty (20) feet.
Utility Easements. Utility easements, where required, shall be at least ten (10) feet wide along rear or side lot lines. Easements of adequate width shall be provided for open drainage channels, where required.
Minimum Pavement. Minimum pavement widths required to be installed at subdivider's expense, shall be as follows:
Streets. Sixteen (16) feet. In the case of a major thoroughfare or collector street requiring pavements wider than sixteen (16) feet, the matter of financial and other arrangements for installing such wider pavements at the time the developer will make the improvements shall be taken up by the developer with the officials having jurisdiction.
Minor, Dead-End And Cul-De-Sac Streets. Sixteen (16) feet. The pavement of a turning circle at the end of a dead-end street shall have a minimum outside diameter of eighty (80) feet.
Alleys And Service Drives. Eighteen (18) feet.
Lot Dimensions, Shapes And Position. The size, shape and orientation of lots shall be appropriate for the location and physical character of the proposed subdivision and for the type of development contemplated in compliance with applicable Zoning Ordinance or regulations.
[R.O. 2012 § 505.090; Ord. No. 20 § 9, 8-5-1974; Amend. #2 to Ord. No. 20, 6-17-1980; Ord. No. 141, 6-1-1992; Ord. No. 252, 1-2-2001]
All improvements required under these regulations shall be constructed in accordance with the specifications and under the supervision of the official having jurisdiction in the manner prescribed below:
Streets shall be constructed with a subbase, base and surface. Streets shall conform to the following dimensions:
The construction of the subbase shall be compacted native material with a cross slope of one-half (1/2) inch per foot each way from the center of the street. In areas where the subbase is excavated, a minimum ditch one-foot wide by two (2) feet deep shall be constructed with minimum side slopes of two (2) horizontal to one (1) vertical. The ditch shall have a minimum slope to natural grade of one-half (1/2) inch per foot to natural grade. In area filled the minimum side slope shall be two (2) horizontal to one (1) vertical to natural grade. Size of culvert shall be thirteen (13) inches by seventeen (17) inches oval or fifteen (15) inches steel corrugated round or twelve (12) inches polyethylene (smooth bore) pipe.
The base course shall be a minimum of six (6) inches thick, wetted, compacted Grade A or B crushed rock with a cross slope of one-half (1/2) inch per foot each way from the center of the street. A prime coat of type RC, MC or emulsified asphalt shall be applied at thirty-five tenths (0.35) gallon per square yard to the dry base course.
The surface course of streets shall be a minimum of two (2) inches, culs-de-sac shall be a minimum of two and one-half (2 1/2) inches compacted thickness of hot mix asphaltic concrete applied to the primed base course.
All materials and construction shall conform to the Missouri Highway Department and the City's road improvement work contract specifications.
Where a public water supply main is reasonably accessible, in the judgment of the Planning and Zoning Commission, the subdivision shall be provided with a complete loop type water distribution system adequate to service the area being platted, including a connection for each lot. The Planning and Zoning Commission shall not approve the final plat thereof until the Missouri State Board of Health certifies compliance with the applicable regulations of said Board of Health, Section 192.200, RSMo., 1978.
A two-inch riser pipe fitted with standard two and one-half-inch fire hose threaded cap shall be installed at designated locations along the main supply system to serve as a means of refilling the Volunteer Fire Department tank truck when fighting a fire in the vicinity.
A similar installation as described in Subsection(A)(2)(b) above shall be installed at multi-family dwellings, condominium complexes and resorts or motels.
Storm Drainage. Every subdivision shall be provided with a storm water drainage system adequate to serve the area being platted and otherwise meeting the approval of the officials having jurisdiction.
Sewerage. Sewerage disposal systems and facilities shall be installed and maintained in accordance with the regulations and requirements of the City of Kimberling City and the Missouri Division of Health.
Street Name Signs. Street name signs shall be installed in accordance with the specifications of the Planning and Zoning Commission or its representatives.
Water Distribution Plan. A plan of the proposed water distribution system showing pipe sizes and the location of valves and fire hydrants.
Modifications. Where unusual or exceptional factors or conditions exist, the Planning and Zoning Commission may modify any of the provisions of these regulations, on written application by the developer. The developer's application shall set forth the reasons for such requested modifications and shall be attached to all copies of the construction plans.
[R.O. 2012 § 505.095; Ord. No. 252, 1-2-2001]
The classification of streets within the City limits shall be used to determine the use, maintenance and speed limit.
Minor. All other streets maintained by the City shall be considered minor streets.
Speed Limit. In the event the City does not have a City Engineer on staff, the Public Works Committee, with the approval of the Chief of Police, shall recommend any speed limit change to the Board of Aldermen.
[R.O. 2012 § 505.100; Ord. No. 265, 5-7-2002]
In the subdividing of any land within the jurisdiction, due regard shall be shown for all natural features, such as tree growth, natural watercourses or other similar elements, which, if preserved, would add attractiveness to the proposed development.
The natural topography shall be retained, wherever possible, in order to prevent additional runoff onto adjoining property and to avoid extensive regarding of the site.