[Ord. No. 755 Exhibit
C § 410.010, 10-13-1997]
A.
This Chapter shall be known, referred to
and cited as the "Land Subdivision Ordinance of the Village of Oak
Grove, Missouri."
B.
This Chapter is to provide for the coordination
of streets within the subdivision with other existing or planned streets
or with other features of the comprehensive plan of the Village of
Oak Grove, Missouri, for minimum requirements of the preliminary and
final plats, for minimum standards of physical improvements in new
subdivisions, for adequate open spaces, for traffic, recreation, light
and air, and for distribution of population and traffic for the health,
safety and general welfare of the community.
[Ord. No. 755 Exhibit
C § 410.020, 10-13-1997]
A.
Words used in the present tense shall include
the future; the singular number shall include the plural and the plural
the singular; the word "building" shall include the word "structure";
the word "shall" is mandatory; the word "may" is permissive.
B.
ALLEY
AREA, CROSS
AREAS, NET
BARRIER (NATURAL OR ARTIFICIAL)
BENCHMARK
BUILDING LINE
CUL-DE-SAC
DEAD-END STREET
DESIGN
DEVELOPMENT
EASEMENT
ENGINEER
HILLSIDE AREA
HILLSIDE STREET
IMPROVEMENT PLANS
IMPROVEMENTS
LAND SURVEYOR
LOT
LOT, CORNER
LOT, DOUBLE-FRONTAGE
LOT, FRONTAGE
MOBILE HOME PARK DISTRICT
PAVEMENT/PAVED
PEDESTRIANWAY
PERSON
PLANNED DEVELOPMENT
ROADBED
ROAD, COUNTY
ROADWAY
SETBACK LINE
SLOPE and/or GRADE
STREET
STREET, COLLECTOR
STREET, MAJOR
STREET, MARGINAL ACCESS or SERVICE ROAD
STREET, MINOR
STRUCTURE
SUBDIVIDER
SUBDIVISION
TRACT
TRAVELED WAY
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
For the purpose of this Chapter, the terms
used herein are defined as follows:
A public way which affords only a secondary means of access
to property abutting thereon, or which is less than twenty (20) feet
wide.
The entire area within the boundary lines of the proposed
subdivision, including the area to be dedicated for street and alley
right-of-way and public use.
The entire area within the boundary lines of the proposed
subdivision, less the area to be dedicated for street and alley right-of-way
and public use.
Any street, highway, river, pond, canal, railroad, levee,
embankment or screening by a fence or hedge.
A definite point of known elevation and location of more
or less permanent character.
A line on a plat between which line and the street right-of-way
no portion of the building may be erected, excluding landings, open
balconies and roof overhangs.
A short, minor local street, having only one (1) end open
for vehicular traffic and the other permanently terminated by a turnaround
for vehicles.
A street having only one (1) end open for vehicular traffic.
The arrangement of land for easements, lots and right-of-way,
including materials, improvement, alignment, grade, and width of these
elements.
That person, firm or corporation by whom a tract will be
divided and improved pursuant to the requirements of this Chapter.
A grant by a property owner to the public, a corporation,
or a person of the use of land for specific purpose.
A professional engineer registered in the State of Missouri.
An area with an average slope of twenty percent (20%) or
more, and a cross slope from twenty percent (20%) to forty percent
(40%).
A street in which the cross slope of the existing ground
exceeds fifteen percent (15%) and the centerline slope exceeds fifteen
percent (15%).
The engineering plans showing types of materials and construction
detail for the improvements, excluding dwelling units, to be installed
during development of the subdivision or mobile home park, prepared
by a professional engineer.
Streets, sidewalks, pedestrianways, curbs, guttering, water
mains, gas mains, electric utilities, storm sewers, sanitary sewers,
sewage treatment facilities, monuments, landscaping, street lights,
and other similar items.
A land surveyor registered in the State of Missouri.
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, the open spaces and parking spaces required by Chapter 405, and having its principal frontage upon a street or upon an officially approved place.
A lot abutting upon two (2) or more streets at their intersection.
A lot having a frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
The boundary line between a lot and the street right-of-way
on which the lot fronts.
Any parcel of land consisting of three (3) or more acres
upon which two (2) or more mobile homes occupied for dwelling or sleeping
purposes are located, regardless of whether or not a change is made
for such accommodation. A "mobile home space" means the area within
a Mobile Home District designed for the accommodation of one (1) mobile
home.
An all-weather, dust free, hard surface of asphalt, concrete
or the like for travel or parking.
An easement or right-of-way dedicated to public use to facilitate
pedestrian access to adjacent streets, roadways, and properties.
Any individual, firm, association, partnership or corporation.
Any tract or division of land which qualifies as either a major or minor subdivision and requires the construction of streets or improvements per Table A, included as an attachment to Chapter 510 and incorporated herein.
The graded portion of a street, upon which the base course,
surface course, shoulders and median are constructed.
A tract of land which is used primarily for the purpose of
vehicular movement and includes all of the facilities and improvements
within the right-of-way. This tract of land must be or have been a
legally established public road as prescribed by law.
The portion of a street or road, including shoulder, intended
for vehicular usage. (See "street.")
The line parallel to the front, side, or rear lot line establishing
the minimum space to be provided as the front, side, or rear yard.
The rate of deviation of the ground surface from the horizontal
surface as expressed in percentages.
A public or private thoroughfare which affords the principal
means of access to abutting property.
A street which carries or is proposed to carry intermediate
volumes of traffic from roads or highways to minor streets, and which
may or may not be continuous, and serves minor population centers
not feasibly served by the arterial routes.
A street designed or utilized primarily for high vehicular
speeds or for heavy volumes of traffic on a continuous route, with
intersections at grade, and which may have direct access to abutting
properties, and on which geometric design and traffic control measures
are used to expedite the safe movement of through traffic.
A minor street parallel and adjacent to major streets, roads
or highways providing access to abutting properties.
A street used primarily for access to abutting properties,
providing for minimum speeds and traffic volume and the street is
either a dead end, or if continuous, short and serves areas of low
population.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attachment to something
having a permanent location on the ground, including, but without
limiting the general inclusiveness of the foregoing, advertising signs,
billboards, backstops for tennis courts and pergolas.
Any person, firm, partnership, association, corporation,
estate, or other group or combination acting as a unit dividing or
proposing to divide land in a manner that constitutes a subdivision
or mobile home park as herein defined. The term "subdivider" shall
include any agent of any subdivider.
The division of a parcel of land into two (2) or more lots,
or other divisions of land; it includes re-subdivision and, when appropriate
to the content, relates to the process of subdividing or to the land
or territory subdivided.
An area or parcel of land which the developers intend to
subdivide and improve, or to cause to be subdivided and improved,
pursuant to the requirements of this Chapter.
That portion of a street used for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of the rear yard, the minimum horizontal
distance between the lot line and the main building shall be used.
A yard extending across the front of a lot and being the
minimum horizontal distance between the street or place line and the
main building or any projections thereof, other than the projections
of the usual uncovered steps, unenclosed balconies, or uncovered porch.
On corner lots, the front yard shall be considered as being parallel
to the street upon which the lot has its least dimension.
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building or any projections thereof, other than the projections
of uncovered steps, unenclosed balconies, or unenclosed porches. On
all lots, the rear yard shall be in the rear of the front yard.
A yard between the main building and the side line of the
lot, and extending from the required front yard to the required rear
yard, and being the minimum horizontal distance between a side lot
line and the side of the main building or any projections thereof.
[Ord. No. 755 Exhibit
C § 410.030, 10-13-1997]
A.
Jurisdiction. It shall be unlawful for
any person being the owner, agent or person having control of any
land within the Village of Oak Grove, Missouri, to subdivide or lay
out such land in lots unless by a plat in accordance with the regulations
contained herein. No lots shall be sold nor any plat recorded until
such plat has been approved as herein provided.
B.
Procedure. The subdivider shall submit preliminary plans in accordance with the specifications of Section 410.050 hereof. A preliminary plan shall first be submitted to the Planning Commission for approval. After the preliminary plans are approved by the Planning Commission in accordance with this Chapter, such preliminary plans shall be submitted to the Board of Trustees for its approval or disapproval.
C.
Following approval of the preliminary plan,
the subdivider shall:
1.
Install the minimum improvements
as approved; or
2.
Furnish a bond to cover the cost
of the improvements; or
3.
Provide for an assessment guaranteeing such installations in accordance with Section 410.060 hereof. Upon approval of improvement installations or arrangement thereof, the final plat shall be submitted to the Planning Commission and Board of Trustees in accordance with the provisions of Section 410.070 hereof.
[Ord. No. 755 Exhibit
C § 410.040, 10-13-1997]
A.
Relation To Adjoining Streets. The arrangement
of rights-of-way in a subdivision shall provide for the continuation
of the existing streets or rights-of-way in adjoining areas, unless
the Board of Trustees deems such continuation undesirable for reasons
of topography or design. Where streets, subdivision streets or rights-of-way
are continuous or extensions of an existing street or right-of-way,
the width thereof shall be at the same or greater width than the existing
street or right-of-way, except that in no case shall the street or
right-of-way in the subdivision be of less width than hereinafter
provided in Table A[1] in Section 510.020.
B.
Design Standards For Lots. Refer to Chapter 405, Section 405.160(A)(2) and (3), "R-1" and "R-2," only.
C.
Character Of Development.
1.
The Commission shall confer with
the subdivider regarding the type and character of development that
will be permitted in the subdivision and may agree with the subdivider
as to certain minimum restrictions to be placed upon the property.
2.
Deed restrictions or covenants should
be included to provide for the creation of a property owner's association
or board of trustees for the proper protection and maintenance of
the development in the future; provided, however, that such deed restrictions
or covenants shall not contain reversionary clauses wherein any lot
shall return to the subdivider because of a violation thereon of the
terms of the restrictions or covenants.
3.
Where the subdivision contains sewers,
sewage treatment plants, water supply systems, park areas, street
trees or other physical facilities necessary or desirable for the
welfare of the area and which are common use or benefit and are not
or cannot be satisfactorily maintained by an existing public agency,
provision shall be made by trust agreement, made a part of the deed
restrictions acceptable to any agency having jurisdiction over the
location and improvement of such facilities, for the proper and continuous
maintenance and supervision of such facilities.
D.
Parks, School Sites, Etc. Where an area
being subdivided includes lands proposed to be used for parks or schools,
under the duly adopted comprehensive plan of the Village and environs,
the subdivider shall not plat such lands as a part of the subdivision
plat and shall confer with the appropriate public agency regarding
the time, method and amount of payment for the agency to acquire the
land. If no agreement has been reached upon the acquisition of the
area within two (2) years from the date of the submission of the preliminary
plan, the subdivider may then plat the balance of the area.
E.
Easements Along Streams. Whenever any stream
or important surface drainage course is located in an area which is
being subdivided, the subdivider shall provide an adequate easement
along each side of the stream for the purpose of widening, deepening,
sloping, improving, or protecting the stream or drainage course.
[Ord. No. 755 Exhibit
C § 410.050, 10-13-1997]
A.
Whenever any person desires to subdivide land, he/she shall submit three (3) copies of the preliminary plans conforming to the requirements of Section 410.040 to the Planning Commission along with a filing fee of fifty dollars ($50.00) to cover the costs of review of plans before submission of improvement plans or the final plat.
B.
The preliminary plan shall show:
1.
The location of present property
lines, streets, buildings, watercourses, tree masses and other existing
features within the area to be subdivided and similar information
regarding existing conditions of land within two hundred (200) feet
of the tract.
2.
Existing sanitary and storm sewers,
water mains, culverts, and other underground structures within the
tract or immediately adjacent thereto. The location and size of the
nearest water main and sewer or outlet are to be indicated in a general
way upon the plat.
3.
The names and adjoining boundaries
of all adjoining subdivisions and the names of recorded owners of
adjoining parcels of unsubdivided land.
4.
The title under which the proposed
subdivision is to be recorded and the name of the subdivider platting
the tract.
5.
The proposed location and width of
streets, alleys, lots, buildings, and setback lines and easements.
6.
North point, scale and date.
7.
Grades and profiles of streets and
plans regarding the grades of proposed streets, and the width and
type of pavement, location, size, and type of sanitary sewer or other
sewage disposal facilities, water mains and other utilities, facilities
for stormwater drainage curb and gutter and other proposed improvements,
such as sidewalks, planting and parks, and any grading of individual
lots.
8.
A copy of the proposed subdivision
restrictions shall also be submitted with the preliminary plans.
9.
Name of registered land surveyor
and/or registered professional engineer.
C.
After the preliminary plan has been approved
by the Planning Commission, it shall be submitted to the Board of
Trustees for its approval or disapproval. Approval of the preliminary
plan by the Board of Trustees does not constitute an acceptance or
approval of the subdivision plat. One (1) copy of the approved plan,
signed by the Chairman of the Board of Trustees, shall be retained
in the office of the Village Clerk. One (1) signed copy will be given
to the subdivider.
[Ord. No. 755 Exhibit
C § 410.060, 10-13-1997]
A.
Receipt of the signed copy of the preliminary
plan is authorized for the subdivider to proceed with the preparation
of the improvement plans and specifications for the following minimum
improvements and with the preparation of the final plat. Prior to
the construction of any improvements required or the submission of
a bond in lieu thereof or to the provision for any assessment for
such construction, the subdivider shall furnish the Street and Water
Commissioner and/or Village Engineer all plans, information and data
necessary to determine the character of said improvements along with
a filing fee of fifty dollars ($50.00) to cover the costs of review
of plans. These plans shall be examined by the Street and Water Commissioner
and/or Village Engineer and will be approved if in accordance with
the requirements of this Chapter. Following this approval, construction
can be started or the amount of a bond determined, or an assessment
provided for.
B.
No final or official plat of any subdivision
shall be approved unless:
1.
The subdivider agrees with the Board
of Trustees upon an assessment whereby the Village is put in assured
position to install the improvements listed below at the cost to the
owners of property within the subdivision; or
2.
The improvements listed below have
been installed prior to such approval; or
3.
The subdivider files with the Board
of Trustees a surety bond, cashier's check, or a certified check upon
a solvent bank located in the State of Missouri conditioned to secure
the construction of the improvements listed below in a satisfactory
manner and within a period specified by the Board of Trustees, such
period not to exceed two (2) years. No such bond or check shall be
accepted unless it can be enforceable by or payable to the Village
in a sum at least equal to the cost of construction of the improvements
as estimated by the Street and Water Commissioner and/or Village Engineer
and in form with surety and conditions approved by the Village Attorney.
4.
The owner of a tract may prepare
and secure approval of a preliminary subdivision plan of an entire
area and may install the above improvements only in a portion of such
area, but the improvements must be installed in any portion of the
area for which a final plat is approved for recording; provided, however,
that trunk sewers and any sewage treatment plants shall be designed
and built in such a manner that they can easily be expanded or extended
to serve the entire area.
5.
Minimum Improvements Required.
a.
Permanent Markers.
(1)
Iron/steel pins or pipes
not less than one-half (1/2) inch in diameter and not less than twenty-four
(24) inches in length shall be set as follows:
(2)
Where installation of
iron/steel pins or pipes is not feasible or is impractical, some other
permanent means of marking shall be used; e.g., embedded or scribed
marks in concrete streets, curbs, or sidewalks.
e.
Water Lines.
(1)
The developer shall
install water lines and fire hydrants to be a type approved by the
Village of a sufficient size to provide proper water pressure and
volume for fire protection based upon the supply of water required
by future expansion and development of the subdivision.
(2)
Where a public water
supply is reasonably accessible, the subdivider shall connect to such
water main and provide a water connection for each lot of a type and
size approved by the Village.
(3)
Where a public water
supply is not reasonably accessible, the subdivider shall place on
file with the Board of Trustees a petition for future installation
of the necessary mains and, if required, post a bond to guarantee
the installation of said main and appurtenance when it is available.
6.
Sanitary Sewers.
a.
The developer shall provide each
lot with a State-approved system for the disposal of sewage.
b.
All sewer lines shall be of sufficient
size to provide adequate sewage disposal, taking into consideration
all future expansion of said subdivision.
c.
Where an approved and adequate public
or private sanitary sewer system is reasonably accessible, the developer
shall connect with such sanitary sewer and provide adequate sewer
lines to each lot subject to the approval of the sewer district having
jurisdiction.
d.
If no approved and adequate sewer
system is reasonably accessible, the subdivider shall petition the
Board of Trustees for future installation of sanitary sewer system
and, if required, post a bond to guarantee the installation of said
sewer system when available.
e.
If a privately owned and operated
sewage treatment facility serving the entire plat area is proposed,
it shall be approved by the State agencies having jurisdiction and
shall be designed and operated to produce zero (0) effluent.
7.
Street Lighting. Street lighting
shall be provided by the subdivider to give adequate light. All lights
shall be mercury vapor or its equivalent of at least six thousand
eight hundred (6,800) lumens with spacing of not greater than three
hundred (300) feet between light standards. When plat is approved,
the Village will accept maintenance.
9.
Inspection. All improvements shall
be inspected by the Street and Water Commission and/or Village Engineer
from time to time during the various construction phases. Any deviations
from plans must be approved, in writing, by the Board of Trustees.
10.
Maintenance. The subdivider shall
not be relieved of his/her obligation to maintain said minimum improvements
until the same are accepted by the Board of Trustees in writing.
11.
Plans And Specifications. All plans
and specifications for minimum improvements shall be prepared by and
under the seal of a registered engineer.
[Ord. No. 755 Exhibit
C § 410.070, 10-13-1997]
A.
The final plat on tracing cloth or reproducible
Mylar, and five (5) prints thereof, together with copies of any deed
restrictions where such restrictions are too lengthy to be shown on
the plat, shall be submitted to the Board of Trustees. The final plat
is to be drawn at a scale of not more than one hundred (100) feet
to the inch from an accurate survey and on one (1) or more sheets
whose maximum dimensions are thirty-six (36) inches by twenty-four
(24) inches. If more than two (2) sheets are required, an index sheet
of the same dimensions shall be filed showing the entire subdivision
on one (1) sheet and the areas shown on other sheets.
B.
The final plat shall show:
1.
The boundary lines of the area being
subdivided with accurate distances and bearings.
2.
The lines of all proposed streets
and alleys with their widths and names.
3.
The accurate outline of any portions
of the property intended to be dedicated or granted for public use.
4.
The line of departure of one (1)
street from another.
5.
The lines of all adjoining property
and the lines of adjoining streets and alleys with their widths and
names.
6.
All lot lines together with an identification
system for all lots and blocks.
7.
The location of all building lines
and easements provided for public use, services or utilities.
8.
All dimensions, both linear and angular,
necessary for locating the boundaries of the subdivision, lots, streets,
alleys, easements, and any other areas for public or private use.
Linear dimensions are to be given to the nearest one one-hundredth
(1/100) of a foot.
9.
The radii, arcs, chords, points of
tangency and central angles for all curvilinear streets and radii
for rounded corners.
10.
The location, type and size of all
survey monuments and benchmarks together with their descriptions.
11.
The name of the subdivision, a small
sketch showing its general location, and the scale of the plat, points
of the compass, and name of owner or owners or subdividers.
12.
The certification of the surveyor
attesting to the accuracy of the survey and the correct location of
all monuments shown.
13.
Subdivision restrictions and trusteeship
and their periods of existence. Should these restrictions or trusteeships
be of such length as to make their lettering on the plat impractical
and thus necessitate the preparation of a separate instrument, reference
to such instrument shall be made on the plat.
14.
Acknowledgment of the owner or owners
to the plat and restrictions, including dedication to public use of
all streets, alleys, parks, or other open spaces thereon and the granting
of easements required.
15.
Certificates of approval for endorsement
by the Board of Trustees.
16.
Two (2) copies of "as built" plans
for all constructed improvements shall be submitted to the Village
and County along with the submission of the final plat, or after the
improvements have been accepted by the Village. Both copies must be
signed by the Chairman of the Board of Trustees. The Village's copy
shall be retained in the office of the Village Clerk.
[Ord. No. 755 Exhibit
C § 410.080, 10-13-1997]
Whenever the application of the requirements
contained in these regulations would result in real difficulties or
substantial hardship or injustice, the Board of Trustees, after report
by the Planning Commission, may vary or modify such requirements so
that at the same time the public welfare and interests of the Village
are protected and the general intent and spirit of these regulations
preserved.
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 Trustees 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 the Board
of Trustees and the sale is contingent upon the approval of such plat
by the Board. Any person violating the provisions of this Section
shall forfeit and pay to the Village 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. The Village may enjoin or vacate the transfer or sale or
agreement by legal action, and may recover the penalty in such action.
[Ord. No. 755 Exhibit
C § 410.100, 10-13-1997]
Any regulations or provisions of
this Chapter may be changed and amended from time to time by the Board
of Trustees; provided, however, that such changes or amendments shall
not become effective until after a study and report by the Planning
Commission and until after a public hearing has been held, public
notice of which shall have been given in a newspaper of general circulation
at least fifteen (15) days prior to such hearing.
