[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. 
For the purpose of this Chapter, the terms used herein are defined as follows:
ALLEY
A public way which affords only a secondary means of access to property abutting thereon, or which is less than twenty (20) feet wide.
AREA, CROSS
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.
AREAS, NET
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.
BARRIER (NATURAL OR ARTIFICIAL)
Any street, highway, river, pond, canal, railroad, levee, embankment or screening by a fence or hedge.
BENCHMARK
A definite point of known elevation and location of more or less permanent character.
BUILDING LINE
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.
CUL-DE-SAC
A short, minor local street, having only one (1) end open for vehicular traffic and the other permanently terminated by a turnaround for vehicles.
DEAD-END STREET
A street having only one (1) end open for vehicular traffic.
DESIGN
The arrangement of land for easements, lots and right-of-way, including materials, improvement, alignment, grade, and width of these elements.
DEVELOPMENT
That person, firm or corporation by whom a tract will be divided and improved pursuant to the requirements of this Chapter.
EASEMENT
A grant by a property owner to the public, a corporation, or a person of the use of land for specific purpose.
ENGINEER
A professional engineer registered in the State of Missouri.
HILLSIDE AREA
An area with an average slope of twenty percent (20%) or more, and a cross slope from twenty percent (20%) to forty percent (40%).
HILLSIDE STREET
A street in which the cross slope of the existing ground exceeds fifteen percent (15%) and the centerline slope exceeds fifteen percent (15%).
IMPROVEMENT PLANS
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.
IMPROVEMENTS
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.
LAND SURVEYOR
A land surveyor registered in the State of Missouri.
LOT
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.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DOUBLE-FRONTAGE
A lot having a frontage on two (2) non-intersecting streets as distinguished from a corner lot.
LOT, FRONTAGE
The boundary line between a lot and the street right-of-way on which the lot fronts.
MOBILE HOME PARK DISTRICT
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.
PAVEMENT/PAVED
An all-weather, dust free, hard surface of asphalt, concrete or the like for travel or parking.
PEDESTRIANWAY
An easement or right-of-way dedicated to public use to facilitate pedestrian access to adjacent streets, roadways, and properties.
PERSON
Any individual, firm, association, partnership or corporation.
PLANNED DEVELOPMENT
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.
ROADBED
The graded portion of a street, upon which the base course, surface course, shoulders and median are constructed.
ROAD, COUNTY
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.
ROADWAY
The portion of a street or road, including shoulder, intended for vehicular usage. (See "street.")
SETBACK LINE
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.
SLOPE and/or GRADE
The rate of deviation of the ground surface from the horizontal surface as expressed in percentages.
STREET
A public or private thoroughfare which affords the principal means of access to abutting property.
STREET, COLLECTOR
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.
STREET, MAJOR
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.
STREET, MARGINAL ACCESS or SERVICE ROAD
A minor street parallel and adjacent to major streets, roads or highways providing access to abutting properties.
STREET, MINOR
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.
STRUCTURE
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.
SUBDIVIDER
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.
SUBDIVISION
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.
TRACT
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.
TRAVELED WAY
That portion of a street used for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
YARD
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.
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.
[1]
Editor's Note: Said table is included as an attachment to Chapter 510.
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:
(a) 
At all lot corners not marked by monuments.
(b) 
At all points where street lines intersect the exterior boundaries of the subdivision.
(c) 
At all street corners.
(d) 
At all intersections of curves and tangents along street lines.
(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.
b. 
Streets. See Chapter 510.
c. 
Curb And Gutter. See Chapter 510.
d. 
Stormwater Drainage. See Chapter 510.
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.
8. 
Street Name Signs. See Chapter 510.
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.