[CC 2008 § 23-7; Ord. No. 231 § 1.1]
For the purpose of this Chapter, certain terms and words are
herewith defined as follows:
APPROVED STREET
A way for vehicular traffic, including any designated as
a freeway, highway, boulevard, parkway, or however otherwise designated,
which has been duly accepted for maintenance by the Missouri State
Highway Commission, the Gasconade County Court, or the Board of Aldermen
of the City of Bland, or a private street improved to the standards
of this Chapter.
BUILDING LINE
A line on a plat between which line and street or private
place no building or structure may be erected.
COMMISSION
Planning and Zoning Commission of the City of Bland, Missouri.
MAJOR STREET
A street of substantial continuity which serves or is intended
to serve fast or large volumes of traffic, including all County and
State Highways in the City of Bland and the streets designated as
major streets on the land use plan for Bland.
MINOR STREET
A street used primarily for access to abutting property.
PLAT
A map, chart or drawing, drawn to scale, of a tract of land
to be subdivided showing such information as required elsewhere in
this Chapter.
SUBDIVISION
The division of a lot, tract, or parcel of land into two
(2) or more lots, plots, sites or other division of land, for the
purpose of either immediate or future sale or of building development.
It also includes resubdivision of land or lots.
[CC 2008 § 23-8; Ord. No. 231 § 1.2]
A. All plats, plans and other material submitted by subdividers shall
be filed with the Administrative Official, who shall present them
to the Commission and Board of Aldermen for their consideration and
action as required by this Chapter.
B. Every subdivision of land within the City of Bland shall be by recorded
plat rather than by metes and bounds description, and no subdivision
of land shall be made except in accordance with the requirements and
procedures of this Chapter.
C. Preliminary Plat.
1.
A preliminary plat of a tract or parcel of land proposed for subdivision shall be submitted in four (4) copies to the Administrative Official for presentation to the Commission for its study and approval in such form and along with such other information as required by Section
410.030 of this Chapter. Such tract or parcel of land shall be within the City of Bland or annexation to the City shall have been requested.
2.
The Commission shall review the preliminary plat against the requirements of Section
410.040 of this Chapter and other ordinances of the City of Bland and against the existing and future physical environs of the proposed subdivision.
3.
The Commission shall approve or disapprove the preliminary plat
within forty (40) days after its submission to the Commission and
failure to accept or reject the preliminary plat shall be deemed approval
by the Commission, provided that the applicant may agree to an extension
of the time for a period not to exceed thirty (30) days.
4.
The action of the Commission shall be noted on two (2) copies
of the preliminary plat along with the initials of the Chairman or
Secretary of the Commission and shall be reported to the Board of
Aldermen as the Commission's recommendations. Approval may be subject
to conditions, and such conditions shall be attached to both copies.
One (1) copy shall be returned to the subdivider and one (1) copy
shall be retained by the Commission.
D. Grading And Improvements. Tree removal, grading or installation of
improvements shall not be started until the preliminary plat has been
approved. Approval of the preliminary plat is an authorization to
prepare the final plat, complete engineering designs and commence
grading and improvements, but shall not constitute approval of the
subdivision for recording, the sale of lots, or any other purpose.
E. Final Plat.
1.
The subdivider shall also submit to the Commission, for its approval or disapproval, a final plat of the subdivision, which shall contain the data and information outlined in Section
410.030 of this Chapter. The final plat and plans, relating to construction date, shall be prepared and shall bear the signature and seal of an engineer licensed to practice professional engineering in the State of Missouri. If the Commission approves the final plat, such approval and the date thereof shall be noted on the tracing cloth over the signature of both the Chairman and the Secretary of the Commission.
2.
After approval of the subdivision by the Commission, it shall
be submitted to the Board of Aldermen for final approval or rejection
and for acceptance or rejection of streets, alleys, ways, easements,
parks and other areas proposed to be dedicated to the public. Two
(2) copies of all final plans shall be filed in the office of the
City Clerk after approval by the Board of Aldermen. After final approval
of the plat, it shall be filed and recorded in the office of the Recorder
of Gasconade County.
[CC 2008 § 23-9; Ord. No. 231 § 1.3]
A. Preliminary Plat.
1.
Each subdivider of land should confer with the Administrative
Official before preparing the preliminary plat to become familiar
with the ordinances or policies affecting the territory in which the
proposed subdivision lies.
2.
The preliminary plat shall be drawn to scale and shall show:
a.
The boundaries of the property and all existing section lines,
streets, buildings, watercourses, and other physical features in and
adjoining the area to be subdivided.
b.
The location and width of proposed streets, alleys, lots, building
and setback lines and easements.
c.
The location and sizes of sanitary and storm sewers, water mains,
culverts, and other underground structures in or near the property.
d.
The proposed title of the subdivision and the name of the engineer,
registered land surveyor, and the subdivider.
e.
Contours at intervals of five (5) feet or less.
f.
The North point, scale and date.
g.
Plans or written statements setting out the proposed grades or profiles of the streets, and other improvements proposed and their means of accomplishment, as required in Section
410.040.
B. Final Plat. The final plat shall be drawn on tracing cloth to the
same scale as the preliminary plat and shall show:
1.
The boundary lines of the area subdivided, with accurate distances
and angles. The correct legal description of the property subdivided
shall be shown on the plat or on an accompanying certificate. The
plat shall also show the position of such land relative to the remainder
of the block, section or United States survey in which it lies, along
with any quarter-section, section, or United States survey line intersecting
the area.
2.
The lines of adjoining property and of adjoining streets and
alleys with their widths and the names of all streets.
3.
The lines of all proposed streets and alleys with their widths
and the line of departure of one (1) street from another as well as
the names of all streets.
4.
Any portions of the property to be dedicated or granted for
public use.
5.
The locations of all easements for public use, services or utilities.
6.
All lots designated by numbers.
7.
All dimensions, both linear and angular, necessary for locating
the boundaries of the subdivision, the lots, streets, alleys, easements
and other features. [Dimension shall be given to the nearest one-tenth
(1/10) of a foot.]
8.
The radii, arcs or chords, points of tangency and central angles
for all curve-linear streets and the radii for rounded corners.
9.
The locations and descriptions of all survey monuments, which
monuments shall be placed at all subdivision boundary corners, at
the corners of all street intersections and at the points of tangency
and of curvature of all curves.
10.
The name of the subdivision, the scale of the plat, North point,
and the name of the owner or owners.
11.
Certification by the surveyor to the accuracy of the survey
and the correct locations of the monuments.
12.
Any private restrictions and covenants and their effective periods.
(In lieu of their lettering on the plat, these may be handled by separate
instrument with reference thereto on the plat.)
13.
Calculations showing the error of linear closure to be no greater
than one (1) in five thousand (5,000).
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 shown thereon and the granting of the easements.
15.
A receipt or certificate showing that there are no unpaid taxes
or assessments upon any part of the area within the subdivision.
16.
Certificate of approval by the Board for endorsement by the
Mayor and City Clerk.
[CC 2008 § 23-10; Ord. No. 231 § 1.4]
A. The arrangement of streets and lots shall give due regard to the
topography and other physical features of the property and shall meet
the following standards:
1.
Streets And Alleys. Insofar as practicable, streets shall be
coterminous with existing streets in adjoining areas (or their projections).
In their overall arrangement, consideration shall be given to reasonable
relation to any adjoining unplatted property to foster good neighborhood
development and avoid hardship in platting the adjoining areas. The
location of major streets shall conform to the land use plan. The
angle of intersection between minor and major streets shall not be
provided except behind business lots. Streets obviously in alignment
with existing streets shall bear the same names as the existing streets.
2.
Street And Alley Width. The right-of-way width of major streets
shall be at least sixty (60) feet. Minor streets shall be not less
than fifty (50) feet in width. Where appropriate at the edge of the
subdivision, a half street of thirty (30) feet may be dedicated. Alleys,
where permitted, shall be at least sixteen (16) feet wide.
3.
Easements. Easements of at least five (5) feet shall be provided
on each side of all rear lot lines and on side lot lines where necessary
for poles, wires, sewers, gas, water and other utilities. Easements
of greater width may be required along lines or across lots where
necessary for the extension of mains, sewers and similar utilities.
4.
Blocks. No block shall be longer than one thousand two hundred
(1,200) feet. Culs-de-sac and dead end streets may be permitted up
to a length of seven hundred fifty (750) feet when terminating in
a turnaround having a minimum radius of fifty (50) feet or other satisfactory
arrangement for turning. A crosswalk with a right-of-way of at least
ten (10) feet may be required near the center of a block more than
seven hundred fifty (750) feet in length.
5.
Lots.
a.
Lots shall be arranged and designed to create good building
sites, properly related to topography and the character of surrounding
development. All side lot lines shall be perpendicular or radial to
the street lines except where a variation of this rule will provide
a better street and lot layout. Lots with double frontage shall be
avoided.
b.
No lot shall have a depth of less than one hundred (100) feet
nor of more than three (3) times its width. Lot area and width shall
meet the minimum standards provided for similar development under
the zoning regulations.
c.
No lot shall have less width and area than that required by the Zoning Ordinance, including the requirements in Section
405.070(B)(6)(b).
d.
Corner lots shall have sufficient width to permit front yard
setbacks on both streets, and at major street and acute angle intersections
[under eighty five degrees (85°)] a radius of twenty (20) feet
shall be used at the street corner. On business lots a chord may be
substituted for the circular arc.
6.
Building Lines. Building lines shall be shown on all lots where
the depth of such building line is greater than that required by the
Zoning Ordinance.
7.
Easements Along Streams. Whenever any stream or important surface
drainage course is located within an area being subdivided, the subdivider
shall provide an adequate easement along each side of the stream for
widening, deepening, sloping, improving or protecting the stream.
8.
Parks, School Sites, Etc. In subdividing land, consideration
shall be given to suitable sites for parks, playgrounds, schools and
other common areas for public use.
B. Before the final plat of any subdivision shall be approved by the
Board of Aldermen, the subdivider shall provide the improvements described
in this Subsection, except that in lieu of such provision, the subdivider
may post a surety bond or escrow agreement approved by the City Attorney
of the City of Bland to guarantee construction of the improvements
in a satisfactory manner and within two (2) years after final approval
of the plat. The amount of the bond or escrow agreement shall not
be less than the estimated cost of the improvements as established
by an engineer retained by the City for the design or construction
of public improvements therein, or by a registered engineer in the
State of Missouri mutually agreed upon. The minimum improvements required
before approval of the final plat shall be as follows:
1.
Street Improvement.
a.
Grading to the full width, including side slopes, and to the
appropriate street grade of all streets within the area being subdivided.
b.
Surfacing to a width of twenty six (26) feet (between faces
of curbs) with a surface of a type and thickness meeting the construction
standards of the City of Bland. The curbs may be either concrete curb
and gutter or of the rolled bituminous type. Where lots are twenty
thousand (20,000) square feet or more in area, pavements of twenty
(20) feet in width and without curbs and gutters may be used except
on a major street, but usable shoulders with a slope of one-half inch
per foot shall be provided along any twenty-foot pavement.
2.
Sanitary Sewers. Sanitary sewers where an existing public sewer
is reasonably accessible. Where an existing sewer is not reasonably
accessible, individual sewage disposal devices may be used, provided
the type, nature of material, and installation of such devices and
their relation to the soil condition and lot areas are approved by
the City and State or County Health Officials.
3.
Water Supply. Connections to a public water supply, except that
where a public water supply is not reasonably accessible, wells or
some other private water supply may be used, provided such source
is approved as to construction and its relation to lot areas and the
method of sewage disposal by the City and State or County Health Officials.
4.
Drainage. Adequate drainage of the property, including maintenance
of any natural watercourse, to prevent the accumulation of stormwater
in any part of the subdivision.
[CC 2008 § 23-11; Ord. No. 231 § 1.5]
Whenever the strict enforcement of these regulations would entail
unusual difficulties or hardships, the Commission and Board of Aldermen
may vary or modify them in such a way that the subdivider be allowed
to plan and develop his/her property and record a plat of same; provided,
however, that the public welfare and interests of the municipality
be fully protected and the general intent and spirit of the regulations
preserved.
[CC 2008 § 23-12; Ord. No. 231 § 1.6]
A. No plat of any subdivision shall be entitled to record in the County
Recorder's office or have any validity until it shall have been approved
in the manner prescribed herein.
B. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this Chapter shall, upon conviction, be fined as set out in Section
100.220. Each day that a violation is permitted to exist shall constitute a separate offense.
[CC 2008 § 23-13; Ord. No. 231 § 1.7]
Any regulations or provisions of this Chapter may be changed
and amended from time to time by the Board of Aldermen; provided,
however, that such changes or amendments shall not become effective
until after study and report by the Planning and Zoning Commission
and until 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.
[CC 2008 § 23-14; Ord. No. 231 § 1.8]
If any Section, Subsection, sentence, clause, or phrase of this
Chapter is for any reason held to be unconstitutional or void, such
decision shall not affect the validity of the remaining portions of
this Chapter.