[R.O. 1988 § 42-500; Ord. No. 4762, 10-2-2023]
1. 
These subdivision regulations apply to any subdivision or re-subdivision of land within the City jurisdiction. These regulations shall apply to all land which has been subdivided if the subdivision was recorded after November 1, 1973, and to any lot or lots which re-subdivided after November 1, 1973. Where this Section imposes greater restriction upon land than is imposed or required by any other existing laws, ordinances, or covenants, the provisions of this Section shall control.
2. 
No plat of a subdivision of land lying within the municipality shall be filed or recorded until it has been submitted to the City for review and approval through the processes detailed in this Article.
3. 
No owners may sell property within the jurisdiction of the City which is not in compliance with these Subdivision Regulations.
4. 
Any property which is found to have been sold without complying with the Subdivision Regulations will not be eligible to receive any building permits until the regulations have been complied with.
5. 
No changes, erasures, modification or revisions shall be made in any final plat of a subdivision or in any metes and bounds description after approval has been given under the provisions of these regulations unless approved through the subdivision process.
[R.O. 1988 § 42-501; Ord. No. 4762, 10-2-2023]
For the purpose of this Zoning and Subdivision Regulations, the following terms, phrases, words, and their derivatives shall have the meaning herein given. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.
ALLEY
A public way that extends only secondary means of access to abutting property located within a block.
ARTERIAL STREET
A street that provides primarily for through traffic movement between areas and across the City.
BLOCK
A tract of land bounded by streets or a combination of streets and other rights-of-way, parks or similar uses or fronting on a cul-de-sac.
COLLECTOR STREET
A street that provides for traffic movement between arterials and minor streets.
COMMON LAND
Land set aside for open space, including stormwater drainage areas, retention ponds, and recreational use areas for the owners of the lots in a subdivision, conveyed in trust for the benefit and enjoyment of the lot owners.
COMMON LOT
A lot which contains common amenities, open space, unbuildable areas, or shared areas such as parking lots which is not intended to be used for residential or commercial uses.
COMPREHENSIVE PLAN
A series of plans for the physical development of the City, consisting of goals and objectives, Major Thoroughfare Plan, land use plans, and other elements included by the City Council.
CONTIGUOUS PROPERTIES
Tracts or lots which abut one (1) another along the side and/or rear lot lines.
CUL-DE-SAC
A street which terminates in a circular turnaround.
EASEMENT
Authorized by a property owner for the use by another party, for a specified purpose, of any designated part of said property.
FINAL PLAT
The final map, drawing or chart on which the subdivider's plan of subdivision is presented for approval, and which, if approved, will be submitted to the County Recorder for filing.
FLAG LOT
A lot which is served by a minimal frontage and consisting of an access portion having frontage on or abutting a public street, to serve the building portion, and a building portion not fronting on or abutting a public street, which contains the buildable areas of the lot.
LOCAL STREET
See "minor street."
LOT
An undivided tract or parcel of land that is under one (1) ownership, and is designated as a separate tract of land by identifying its boundaries by a lot number or letter on a duly approved and recorded subdivision or by a metes and bounds description on a recorded instrument.
LOT CONSOLIDATION
A process to combine two (2) or more adjoining lots under common ownership into one (1) lot for the purposes of building permitting and setbacks.
LOT-LINE ADJUSTMENT
A process to move a lot line which does not result in any additional lots.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision, lot consolidation, or lot line adjustment, generally involving more than five (5) lots and/or a dedication of easements/rights-of-way.
MINOR STREET
A street primarily providing direct access to abutting property and designated to accommodate low volume, low speed traffic.
MINOR SUBDIVISION
Any subdivision containing not more than five (5) lots.
OFFICIAL MAP
The map established by the City Council showing streets and highways previously laid out, adopted and established by law and any amendments or additions thereto adopted by City Council through the subdivision process.
OWNER
Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land proposed for subdivision to effectuate transfer of the property once subdivided.
PERSON
Any individual, corporation, association, firm, partnership, institution or other legal entity, singular or plural.
PRELIMINARY PLAT
The preliminary map, drawing, or chart indicating the proposed layout of the subdivision initially required in the subdivision process.
RE-PLAT/RE-SUBDIVISION
A process for a modification or revision of a plat.
RIGHT-OF-WAY
This term, for land platting purposes, shall mean that right-of-way hereafter established and shown on a final plat to be separate and distinct from lots or parcels adjoining such right-of-way, and not included within the dimensions or area calculations of such lots or parcels.
SETBACK or BUILDING LINE
The distance by which a building or part of building is set back from the property line.
SKETCH PLAT
A process used to solicit comments from City staff and Planning and Zoning Commission for a proposed subdivision.
SUBDIVIDER
Any person commencing proceedings under this Article to effectuate a subdivision of land.
SUBDIVISION
The subdivision of land into two (2) or more lots, for the purpose of ownership transfer or development. The term includes re-subdivisions.
SUBDIVISION, CLUSTER
A form of development that permits reductions in lot area and bulk requirements, provided there is no increase in overall permitted density and that the resultant undeveloped land area is devoted to open space or other public purpose.
[R.O. 1988 § 42-501.1; Ord. No. 4762, 10-2-2023]
1. 
A major subdivision requires that a preliminary plat and a final plat be filed.
2. 
The Commission and City Council may impose reasonable conditions of approval for design, dedication, improvement and land use so as to conform to the appropriate and economic development of the City; and to promote the safety and general welfare of future landowners in the City.
[R.O. 1988 § 42-502; Ord. No. 4762, 10-2-2023]
1. 
The subdivider must hold a property owners meeting to present a sketch plat or conceptual plan and solicit input from nearby property owners prior to submitting a preliminary plat which proposes to create more than thirty (30) lots. Such meeting is encouraged to occur early in the design process to allow for input to be incorporated. Such meeting must be conducted by the subdivider or their surveyor/engineer at a public location. Notice for the meeting must be mailed by the subdivider no less than seven (7) days prior to the meeting. Notice must also be provided to the Community Development Department. A representative from the Community Development Department will be required to attend the meeting.
2. 
The subdivider may submit a sketch plat and supporting information prior to the delivery of a preliminary plat. City staff shall review this material and provide input to the subdivider concerning design standards and improvement requirements. If desired by the subdivider, the sketch plat may be presented to the Planning and Zoning Commission for review and input.
3. 
The sketch plat is intended to be conceptual in nature. Sketch plats should provide information sufficient to determine general compliance with City regulations and policies. The sketch plat should include the property to be subdivided.
4. 
A property owner or authorized representative may request a review of a sketch plat by submitting the following:
a. 
Completed application on forms supplied by the Community Development Department;
b. 
Letter authorizing a representative to apply on behalf of the property owner, if applicable;
c. 
No application or fees are required for review of a sketch plat;
d. 
Sketch plat.
5. 
At a minimum, the sketch plat should include the following information for review:
a. 
Scale, North arrow and date prepared.
b. 
The sketch plat shall list the proposed subdivision or project name and the name and address of the owner and/or subdivider.
c. 
A map insert or description shall accurately locate the property by lot, section, township, range or other appropriate description.
d. 
Data table with current zoning, total number of proposed lots, and setbacks required by the zoning district.
e. 
The general dimensions of the property, including property lines, existing easements, public and railroad right-of-way, buildings/structures, cemeteries, watercourses, flood-prone areas, and other natural or human-made features that may impact development on or adjacent to the site.
f. 
The classification, location, dimensions, and name of all existing streets adjacent to the property.
g. 
The approximate location, width, and proposed name of proposed streets or alleys.
h. 
The approximate location and size of all existing sewer and water mains on or immediately adjacent to the site.
i. 
The approximate location, dimensions and configuration of all proposed lots.
j. 
The approximate location and general layout of proposed water lines and sewage collection and disposal systems.
[R.O. 1988 § 42-503; Ord. No. 4762, 10-2-2023]
1. 
A preliminary plat is a more precise drawing of the proposed subdivision plan than the sketch plat and is intended for detailed review by City, utility, and other officials. The purpose is to provide a preliminary design for a more conceptual review. Review of a preliminary plat is required for a major subdivision.
A property owner or authorized representative may request a review of a preliminary plat by submitting the following:
a. 
Completed application on forms supplied by the Community Development Department;
b. 
Letter authorizing a representative to apply on behalf of the property owner, if applicable;
c. 
Filing fee;
d. 
Preliminary plat.
2. 
Preliminary plats shall include the following information:
a. 
Name of the subdivision;
b. 
Title indicating the plat to be a preliminary plat;
c. 
Name and address of the subdivider and owner;
d. 
Surveyor or engineers name;
e. 
North arrow, scale, date of preparation and any revisions, key, location map showing the subdivision location in the land section with major streets identified;
f. 
A legal description of the land to be subdivided, with the total acreage listed;
g. 
Data table with the current property zoning, total number of proposed lots, and setbacks required by the zoning district;
h. 
Boundary lines showing traverse bearings and internal angles with dimensions in hundredths of feet to close the traverse within a maximum of one (1) foot in ten thousand (10,000) feet;
i. 
If a resubdivision, the lot or block numbers and the name of the original subdivision;
j. 
All property lines, names of adjacent subdivisions, easements, rights-of-way, street/alley/sidewalk pavement, and other significant features within twenty-five (25) feet of the boundary of the plat;
k. 
Location and widths of existing and proposed streets;
l. 
Names of proposed and existing streets within and adjacent to the subdivision;
m. 
Location and dimensions of all existing and proposed alleys, easements, and other public rights-of-way;
n. 
Location of all existing property lines, buildings, sewer or water mains, electric power lines, gas mains, storm sewers and other underground structures;
o. 
Arrangement, location, and dimensions of all proposed lots, land to be dedicated for public use, and common lots, including lot area;
p. 
Lot and block numbers;
q. 
Lot line bearings and angles;
r. 
Zoning district boundaries, when the property has more than one (1) zoning;
s. 
Intended building setback lines;
t. 
Topography with contour intervals of not more than two (2) feet, referred to USGS datum on and within twenty-five (25) feet of the boundary of the plat;
u. 
Locations of watercourses, wetlands, ponds, and other relevant features that might impact development;
v. 
Extents of any 100-year and 500-year floodplain and the approximate BFE;
w. 
Proposed phases for development and filing of final plats, if applicable;
x. 
Location and size of proposed sewers (storm and sanitary);
y. 
Proposed extents of stormwater detention;
z. 
Curve tables and line tables, if needed;
aa. 
Signature block for the Chair of the Planning and Zoning Commission.
3. 
The Commission shall approve, conditionally approve, or disapprove the preliminary plat by resolution. In any case, a notation of the action taken and the reason(s) the action was taken shall be entered in the records of the Commission.
4. 
The approval of a plat by the Commission does not constitute or effect an acceptance by the municipality or public of the dedication to public use of any street or other ground shown upon the plat. The final approval and acceptance of dedications is by the City Council.
5. 
If disapproved, the subdivider may appeal the Commission's decision to the City Council within ninety (90) days after the Commission's action. If testimony to the City Council is substantially and materially different from that presented to the Commission, the City Council may refer, the matter back to the Commission for their review with the new information or evidence. The City Council may vote to override the Commission disapproval with a vote of two-thirds (2/3) of the City Council.
6. 
The approval of a preliminary plat shall be effective for one (1) year, unless a final plat is approved for any phase shown on the preliminary plat. Once a final plat phase has been approved, the remainder of the preliminary plat is effective for a period of ten (10) years, provided that any subsequent final plat must adhere to any changes in the City Codes since the approval of the preliminary plat. The Commission may extend the effective period in six-month increments with the written request by the subdivider justifying the extension.
[R.O. 1988 § 42-504; Ord. No. 4762, 10-2-2023]
1. 
Following approval of the preliminary plat by the Planning and Zoning Commission, the applicant shall prepare a final plat together with development plans for the required public improvements. The final plat shall be in substantial conformance to the approved preliminary plat, as determined by the Director. Review of a final plat is required for all major subdivision and minor subdivision requests which involve the dedication of easements and/or rights-of-way.
2. 
The final plat is reviewed by City staff and comments are provided for needed revisions. Once revised, the plat may be scheduled for review by the Planning and Zoning Commission. The Commission will make a recommendation to the City Council for approval, disapproval, or approval with conditions.
3. 
Computer source copies of the final plat and development plans shall be prepared and submitted using Computer Assisted Drafting and Design (CADD) format that is compatible with the latest version of AutoCAD (.dwg format) used by the City. CADD files shall be submitted referenced to the Missouri Coordinate System of 1983 (Revised 1996) Standards of Practice No. 7.
4. 
A property owner or authorized representative may request a review of a final plat by submitting the following:
a. 
Completed application on forms supplied by the Community Development Department;
b. 
Letter authorizing a representative to apply on behalf of the property owner, if applicable;
c. 
Filing fee;
d. 
Final plat;
e. 
Civil plans for any proposed streets, sanitary sewers, storm sewer, or other public infrastructure;
f. 
Copy of proposed HOA documents, protective covenants, private easements, cross-access agreements, maintenance agreements, etc., if applicable.
5. 
Final plats must include the following information:
a. 
Name of the subdivision.
b. 
Name and address of the subdivider and owner.
c. 
Surveyor's or engineer's name.
d. 
North arrow, scale, date of preparation and any revisions, key, location map showing the subdivision location in the land section with major streets identified.
e. 
A legal description of the land to be subdivided, with the total acreage listed.
f. 
Boundary lines showing traverse bearings and internal angles with dimensions in hundredths of feet to close the traverse within a maximum of one (1) foot in ten thousand (10,000) feet.
g. 
If a resubdivision, the lot or block numbers and the name of the original subdivision.
h. 
Location, widths, and names of existing and proposed streets.
i. 
Location and dimensions of all existing and proposed alleys, easements, and other public rights-of-way.
j. 
Arrangement, location, and dimensions of all proposed lots, land to be dedicated for public use, and common lots (setbacks should not be shown on a final plat).
k. 
Lot and block numbers.
l. 
Lot line bearings and angles.
m. 
Curve tables and line tables, if needed.
n. 
Surveyor's certificate:
KNOW ALL MEN BY THESE PRESENTS:
THAT I, __________, DO HEREBY CERTIFY THAT THIS PLAT MEETS MISSOURI MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS AND WAS PREPARED UNDER MY SUPERVISION FROM ACTUAL SURVEY OF THE LAND HEREIN DESCRIBED PREPARED BY __________ DATED _____ AND SIGNED BY _____ L.S. NO. _____ AND THAT CORNER MONUMENTS AND LOT CORNER PINS SHOWN HEREIN WERE PLACED UNDER THE PERSONAL SUPERVISION OF _____ L.S. NO. _____ IN ACCORDANCE WITH ARTICLE II, CHAPTER 42, OF THE CITY CODE OF ROLLA, MISSOURI.
o. 
If applicable, an express deeding to the public use the streets, alleys, rights-of-way, easements and any parkland or open space to be deeded to the public with a notarized signature block for the owner(s).
_____ OWNER(S) OF THE PROPERTY SHOWN AND DESIGNATED HEREON, HEREBY DEED AND CONVEY THE STREETS, ALLEYS, RIGHTS-OF-WAY, EASEMENTS, PARKS, AND PUBLIC DEDICATIONS SHOWN HEREON TO THE CITY OF ROLLA, MISSOURI. FURTHER, (I OR WE) CERTIFY THAT THERE ARE NO SUITS, ACTIONS, LIENS, OR TRUSTS ON THE PROPERTY DEEDED AND CONVEYED HEREIN, AND WARRANT GENERALLY AND SPECIFICALLY THE PROPERTY DEEDED AND CONVEYED HEREIN FOR PUBLIC USE AND WILL EXECUTE SUCH FURTHER ASSURANCES AS MAY BE REQUIRED.
p. 
If applicable, a release of any liens or mortgages on any areas to be dedicated for public use.
q. 
Where land is dedicated to a cooperative association as open space, common area or facilities under a planned unit development or cluster subdivision development the owner(s) shall place the following statement with notarized signatures on the final plat.
_____ OWNER(S) OF THE PROPERTY SHOWN AND DESIGNATED HEREON, HEREBY DEED AND CONVEY THE OPEN SPACE, COMMON AREA OR COMMON FACILITIES SHOWN HEREON TO_____ FURTHER, (I OR WE) CERTIFY THAT THERE ARE NO SUITS, ACTIONS, LIENS, OR TRUSTS ON THE PROPERTY DEEDED AND CONVEYED HEREIN, AND WARRANT GENERALLY AND SPECIFICALLY THE PROPERTY DEEDED AND CONVEYED HEREIN FOR COMMON USE AND WILL EXECUTE SUCH FURTHER ASSURANCES AS MAY BE REQUIRED.
r. 
The following note shall be placed on all final plats where access limitations to collector streets, arterial streets or highways has been placed by the City Council: "LIMITS OF NO ACCESS." The lots and area affected by such limitation shall be clearly indicated.
s. 
If applicable, the acceptance and/or acknowledgement of all required public improvements and dedications, as shown on the development plans on file with the City Engineer, shall be attested on the final plat by the signatures of the City Engineer, the General Manager of Rolla Municipal Utilities, and the Parks Director.
t. 
The Chair of the Planning and Zoning Commission shall sign the final plat to certify the Commission's approval:
APPROVED THE_____ DAY OF_____ 20___, BY THE PLANNING AND ZONING COMMISSION OF ROLLA, MISSOURI
u. 
The Phelps County Collector of Revenue shall sign and date the final plat to certify that all taxes have been paid.
v. 
The Mayor shall sign the final plat and their signature shall be attested by the City Clerk.
w. 
The Recorder of Deeds for Phelps County shall sign the final plat upon recordation identifying the cabinet and file number of the plat.
6. 
Within sixty (60) days after the submission of a plat to the Planning and Zoning Commission, the Commission shall recommend the City Council to approve or disapprove the plat; otherwise the plat is deemed recommended for approved by the Commission, except that the Commission, with the consent of the applicant for the approval, may extend the sixty (60) day period to address any deficiencies or recommended changes.
7. 
The City Council may accept the plat dedications and authorize the Mayor to sign the plat by ordinance. If accepted by the City Council, the plat may be recorded with the Phelps County Recorder of Deeds once all required signatories have signed the plat, all fees have been paid, and the public improvements have been constructed or the required guarantees have been submitted.
8. 
The applicant is responsible for the recording of the plat with the Phelps County Recorder of Deeds and all associated costs. The applicant must provide the record number to the Community Development Department after recording the plat. The plat will be deemed invalid if not recorded within one (1) year of the acceptance by City Council. A copy of the recorded plat must be provided to the Community Development Department.
9. 
The Community Development Director may approve minor changes to the plat after City Council acceptance and prior to recording for corrections, minor adjustments, or changes needed due to field conditions when constructing infrastructure.
10. 
If not approved, the Director shall attach a statement to the plat outlining the reasons for such disapproval for return to the applicant.
11. 
The final plat shall not be approved by City Council until the development plans have been accepted by the City Engineer and the Rolla Municipal Utilities Engineering Department and the infrastructure has been built and is ready for acceptance or the improvement guarantee has been provided. Development Plans shall expire three (3) years from the date of approval unless an extension is granted by the City Engineer. All development plans shall conform to the current standards and specifications. Development Plans may be considered to be abandoned after six (6) months after providing comments. Abandoned plans may be discarded.
[R.O. 1988 § 42-505; Ord. No. 4762, 10-2-2023]
1. 
A minor subdivision is an administrative process for subdivisions which create no more than five (5) additional lots.
2. 
If street, waterline, sewer line, or storm sewer infrastructure is found to be needed for the proposed lots of a minor subdivision, the applicant may submit improvement plans for the needed infrastructure, construct the infrastructure, and cause said infrastructure to be accepted by the City prior to pursuing the minor subdivision application; or the applicant may submit the request following the process for a final plat.
3. 
If additional easements or other dedications are found to be required due to the subdivision, the applicant may submit the request following the process for a final plat or may submit the dedications by separate instrument and cause such instruments to be accepted and recorded prior to approval of the minor subdivision.
4. 
If no street, waterline, sewer line, or storm sewer infrastructure or additional dedications are needed for the proposed subdivision, the applicant may follow the abbreviated process of this Subsection.
5. 
A property owner or authorized representative may request a review of a minor subdivision by submitting the following:
a. 
Completed application on forms supplied by the Community Development Department;
b. 
Letter authorizing a representative to apply on behalf of the property owner, if applicable;
c. 
Filing fee; and
d. 
Final plat.
6. 
Minor subdivision plats must include the following information:
a. 
All information required of a preliminary plat for a first submittal.
b. 
All information required of a final plat for the final submittal to be recorded, except that the signature block for the Planning and Zoning Commission must be replaced with a signature block for the Community Development Director; the signature blocks for the Mayor and City Clerk removed, and the dedication language must be replaced with a signature block for the property owners to state that they are causing the plat to be created.
7. 
The Community Development Department receives the plat submittals and coordinates review by City staff. The applicant may submit the final version of the plat once all comments are addressed.
8. 
If approved, the plat may be recorded with the Phelps County Recorder of Deeds once all required signatories have signed the plat and all fees have been paid.
9. 
The applicant is responsible for the recording of the plat with the Phelps County Recorder of Deeds and all associated costs. The applicant must provide the record number to the Community Development Department after recording the plat. The plat will be deemed invalid if not recorded within one (1) year of approval.
10. 
If disapproved, the applicant may appeal the decision to the Board of Adjustment or may request the subdivision be processed following the processes for a final plat.
[R.O. 1988 § 42-506; Ord. No. 4762, 10-2-2023]
1. 
Lot consolidations and lot line adjustment applications are reviewed administratively. A lot consolidation is recorded on the City records to enable the interior lot lines to be disregarded for setbacks, bulk standards, etc. A lot line adjustment allows for the lot lines to be relocated if such change follows all zoning requirements.
2. 
No street or utility extensions or dedications must be necessary for the lot combination or lot line adjustment.
3. 
A property owner or authorized representative may request a review of a lot consolidation or lot line adjustment by submitting the following:
a. 
Completed application on forms supplied by the Community Development Department;
b. 
Letter authorizing a representative to apply on behalf of the property owner, if applicable;
c. 
Filing fee;
d. 
Lot consolidation/lot line adjustment exhibit; and
e. 
Proposed legal descriptions of the affected lots.
4. 
The lot consolidation/lot line adjustment exhibit is not required to be prepared by a registered land surveyor, but the exhibit must:
a. 
Be prepared to be to scale;
b. 
Show the entirety of all affected lots;
c. 
Provide an approximate distance from proposed property lines to any existing buildings if the building could potentially be within a required setback;
d. 
Show the approximate location of sewer and water service lines; and
e. 
Include the property address(s), the property owner(s) names, North arrow, and scale.
5. 
The Community Development Director may reject an exhibit not prepared by a surveyor if the exhibit does not show the required information and/or does not clearly indicate the purpose of the lot consolidation/lot line adjustment.
6. 
The Community Development Department receives the application and submittals and coordinates review by City staff.
7. 
For a lot consolidation, the prepared deeds must include the following language:
The intent of this instrument is to permanently combine the lots included in the legal description to allow them to be treated as one (1) lot for the purposes of building permits and zoning. The lot(s) may not be separated unless approved by the City of Rolla.
8. 
If approved, the applicant may record a deed(s) to combine the lots or to adjust the lot lines with the Phelps County Recorder of Deeds. The applicant must provide a copy of the recorded deeds to the Community Development Department.
9. 
The approval of the lot consolidation/lot line adjustment will be deemed invalid if deeds are not recorded within one (1) year of approval.
10. 
If disapproved, the applicant may appeal the decision to the Board of Adjustment.
[R.O. 1988 § 42-507; Ord. No. 4762, 10-2-2023]
1. 
The Commission may approve a subdivision exception from the provisions of this Section where it finds that an undue hardship or practical difficulty may result from requiring strict compliance with this Section. A subdivision exception may be approved so that substantial justice may be achieved and the public interest secured, provided that any such variance shall not have the effect of nullifying the expressed purpose of this Zoning and Subdivision Code.
2. 
No application for preliminary plat which would create conditions requiring a variance or exception from zoning regulations by the Board of Adjustment, shall be submitted to the Commission unless and until the applicant's petition for variance or exception shall have been first approved by the Board of Adjustment.
3. 
No subdivision exception shall be granted by the Commission unless it is found that:
a. 
The granting of the subdivision exception would not be detrimental to the public safety, health, or welfare or be injurious to other property or improvements in the vicinity of the subject property; and
b. 
The conditions upon which the request for subdivision exception is based are unique to the property for which the subdivision exception is sought, are generally not applicable to other properties, and are not self-imposed; and
c. 
Because of the particular physical surroundings, shape or topographical feature of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, depriving the owner of the reasonable use of their land should the strict interpretation of these regulations be enforced; and
d. 
The subdivision exception will not in any manner abrogate the goals, objectives, or policies of the Rolla Comprehensive Plan.
4. 
The Commission shall be empowered to grant subdivision exceptions with respect to the improvements and the design standards relative to and arrangement, street location, alignment, the location and alignment of easements, and similar standards. The Commission may establish certain conditions on subdivision exception approval that will, in the judgment of the Commission, substantially secure the purpose of this Zoning and Subdivision Code.
5. 
If denied by the Commission, the City Council shall review the denial for a variance upon a written appeal by an applicant.
6. 
Requests for subdivision exceptions may be submitted concurrently with the review of the preliminary plat; or final plat if it is a minor subdivision. The written subdivision exception request shall state precisely the provisions from which a subdivision exception is needed along with the reasons for the subdivision exception, particularly as the request relates to the conditions of subdivision exception approval.
7. 
Requests for subdivision exceptions may be submitted independent of plat review if the applicant can show good cause why such request was not made when the plat was filed. Such requests must be approved by both the Commission and the City Council.
8. 
The City Council may elect to disapprove a preliminary or final plat based on the approval of a subdivision exception by the Commission.
[R.O. 1988 § 42-510; Ord. No. 4762, 10-2-2023]
1. 
Phasing. Proposed phasing should be shown on the preliminary plat. The Director, with input from the City Engineer, shall determine if the proposed phasing of the final plat satisfies the following requirements. The final plat for any major subdivision that has received preliminary approval may be submitted in sections or phases, provided:
a. 
Each phase satisfies the requirements set forth in this Subdivision Code and other City ordinances;
b. 
All required improvements are provided for each phase along with any other necessary improvements to secure the subdivision's orderly development; and
c. 
Adequate assurances are made for the completion of improvements required for each phase.
2. 
Re-Platting/Re-Subdivision. Re-subdivision shall be required to change an approved or recorded final plat through the final plat process when such change will affect public right-of-way, areas reserved for public use, easements, the vacation of right-of-way, areas reserved for public use and easements dedicated to the City.
3. 
Cluster Subdivisions. Cluster subdivisions may be approved which will result in improved living and working environments; which will promote affordable housing by reducing development costs and encourage a variety of dwelling types; which will support ingenuity and originality in total subdivision design; and which will preserve open space for recreational, scenic and public service purposes. To achieve these purposes:
a. 
Variations in lot areas, widths, lot coverage and setbacks are permitted as long as overall dwelling unit densities established for the respective residential zoning district are not exceeded;
b. 
Procedures are established to ensure adequate maintenance and restricted use of open space areas for the inhabitant's benefit only or for dedication to public use; and
c. 
Procedures are established to ensure adequate protection of existing and potential developments adjoining the proposed cluster subdivision.
d. 
The minimum size of a lot of record within a residential cluster subdivision shall be three thousand (3,000) square feet.
e. 
All lot size reductions shall be compensated for by an equivalent amount of land permanently preserved as open space or common area; excluding parking lots, private drives, open storage areas or any land which has been or will be conveyed to a public agency under a purchase agreement or to meet the park land dedication requirements. The open space may be dedicated to the public in the manner prescribed herein or may remain in private ownership.
f. 
Cluster subdivisions shall be considered as a major subdivision regardless of the number of proposed lots. The sketch plan review shall be mandatory.
g. 
The Commission must find that the proposed cluster subdivision:
i. 
Is consistent with the Rolla Comprehensive Plan;
ii. 
Will provide usable and accessible open space for recreation or public use based on the size, shape, and topographic characteristics of the site; and
iii. 
Will include open space with significant and irreplaceable natural and human-made features.
h. 
The plat must describe all reductions in lot size, setbacks, lot coverage, etc., approved by the plat.
4. 
Zero Lot Line. The purpose of zero lot line construction is to permit a procedure for development that will result in improved living and working environments; which will promote more economic subdivision layout; which will encourage a variety of types of residential dwellings; which will support ingenuity and originality in total subdivision design; and which can preserve open space to serve the recreational, scenic and public service purposes related thereto, all within the densities established by the zoning district in which the zero lot line construction is permitted.
a. 
The required side yard setback in the R-1 and R-2 Districts may be zero (0) on one (1) side of the lot provided:
i. 
The lot adjacent to that side is also owned by the applicant or proof of consent is provided from the adjacent lot owner at the time if initial construction and the minimum side yard setback for such adjacent lot is either zero (0) or not less than ten (10) feet;
ii. 
The opposite side yard must be a minimum of ten (10) feet;
iii. 
The adjacent side yard setback is perpetually maintained free and clear of any obstructions other than a three-foot eave encroachment, normal landscaping, patios, garden walls or fences unless it is a zero (0) side yard;
iv. 
The wall located at the zero (0) side yard setback is constructed with easily maintained, solid material without windows, except clerestory windows;
v. 
No portion of the dwelling or architectural features project over any property lines; and
vi. 
The zero (0) side yard is not adjacent to a public or private street or alley right-of-way.
b. 
Appropriate private maintenance and use easements shall be shown on the final plat for all affected properties. The maintenance and use easement shall be included in the deed or deeds for all affected properties. A separate private covenant or easement must be filed for the private maintenance and use easement.
c. 
The zero (0) side wall shall be placed precisely on the lot (property line) with a perpetual maintenance easement on the adjacent lot.
d. 
A zero lot line lot may be created through a minor subdivision or major subdivision. A precise site plan, shall be submitted. Said plan shall delineate all structures proposed for initial construction.
[R.O. 1988 § 42-511; Ord. No. 4762, 10-2-2023]
1. 
In addition to the requirements established herein, all subdivision plats shall comply with the relevant laws, rules, and regulations, such as the City's Zoning Code, and regulations of the Phelps County Health Department and/or appropriate State agencies, Missouri Department of Transportation if abutting a State highway, and appropriate State and Federal agencies.
2. 
The proposed name of the subdivision shall not duplicate or sound like the name of any other subdivision, any existing or platted street, or any unrelated established business or development in Phelps County. Whenever final plats of a subdivision are approved in phases, each submittal for final approval shall be numbered consecutively.
3. 
Re-plats may be approved with a different subdivision name from the original plat, or may numbered consecutively. The sub-title of any re-plat must reference the original plat and refer to the re-plat as a re-plat or re-subdivision, i.e., "YYY Subdivision, a re-plat of ZZZ Subdivision, Lot 1"; or "ZZZ Subdivision Number 2, a re-plat of ZZZ Subdivision, Lot 1."
[R.O. 1988 § 42-512; Ord. No. 4762, 10-2-2023]
1. 
Conformity. The character, extent, width, grade, and location of all streets shall conform to the Comprehensive Plan or Major Thoroughfare Plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their relation to proposed adjoining land uses. Where not shown on any map or plan, the arrangement and other design standards of streets shall conform to the provisions found herein.
2. 
Relation To Adjoining Streets. The arrangement of streets in new subdivisions shall make provision for the continuation of the existing streets into the abutting subdivision or tract where appropriate and must connect to adjoining streets or street rights-of-way which dead-end at the boundary line.
3. 
Extension Of Streets. The Planning and Zoning Commission may require that street rights-of-way be extended to the property line to facilitate future connectivity. Generally, streets should be extended to larger, undeveloped/developable property at intervals of approximately five hundred (500) to one thousand two hundred (1,200) feet, except in cases where site conditions would make connection unnecessary, undesirable, or impractical. A temporary turnaround approved by the City Engineer shall be installed at this point unless the terminus of the new street is less than two hundred (200) feet from the intersecting right-of-way of an existing street.
4. 
Secondary Access. All new subdivisions must adhere to the International Fire Code, Appendix D, as amended and adopted, for emergency vehicle access.
5. 
Street Jogs Prohibited. Street jogs with centerline offsets of less than one hundred fifty (150) feet shall be prohibited.
6. 
Dead-End Street Or Cul-De-Sac. Dead-end streets or cul-de-sacs shall require a turnaround at intervals not to exceed six hundred (600) feet and shall be provided at the closed end with a turnaround having a minimum property line diameter of one hundred (100) feet. If a dead-end street is of a temporary nature, the City Engineer may require a similar turnaround along with provisions made for the future extension of the street. The City Engineer may approve alternative turnaround standards, such as "hammerhead" or "Y" configurations, if adequately designed to provide traffic circulation and better land use.
7. 
Generally Discouraged. Dead-end street or cul-de-sacs are generally discouraged, except in limited cases, as determined by the Commission, where adjacent properties are fully developed, drainage ways, areas with steep slopes, areas with existing buildings or common areas, railroads, highways, and adjacent to properties with a different zoning classification. The Commission may require that dead-ends or cul-de-sacs be eliminated, where possible.
8. 
Minor Streets. Minor streets shall be arranged so as to discourage through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to all properties. Minor streets should provide connectivity within a neighborhood and connectivity between neighborhoods.
9. 
Street Widths. The street pavement width required must adhere to the latest typical street section standards published by the Rolla Department of Public Works. The right-of-way width required to be dedicated shall be:
Street Type
Right-of-Way Width
(feet)
Cul-de-sac
50
Minor (local)
50
Collector
50
Collector-commercial
60
Arterial
80
10. 
Street Widths In Commercial And Industrial Zones. Greater right-of-way widths may be required as determined by traffic projections made by the City Engineer for commercial or industrial zones.
11. 
Right-Of-Way Dedication. Additional rights-of-way may be required for adjacent streets and roads which for which the existing rights-of-way are not adequate.
12. 
Street Width Reduction. The right-of-way and pavement width required for public or private streets may be reduced for developments which provide for off-street parking. Such street paving and right-of-way width may be reduced as determined by the City Engineer if adequate easements for utilities are provided. Barrier curbs and appropriate signage are required to prevent parking on the street. A minimum of one (1) space for each lot/dwelling unit of private off-street parking must be provided for guests. Sidewalks are required on both sides of the street.
13. 
Intersections. Streets shall intersect one another at as near a ninety degree (90°) angle as is possible. No intersection of streets at angles less than seventy degrees (70°) shall be approved. At each street intersection the property line at the block corner shall be rounded with a curve having a radius of not less than twenty-five (25) feet. The intersection of more than two (2) streets at any one (1) point shall be prohibited.
14. 
Subdivision Into Tracts Larger Than Ordinary Building Lots. Where a tract is subdivided into larger parcels than ordinary building lots, as determined by the Director, such parcels shall be arranged so as to allow the opening of future streets and future subdivision.
15. 
Curves. A tangent of at least one hundred (100) feet in length shall be introduced between reverse curves on all streets, except for minor streets.
16. 
Reserve Strips. Reserve strips that control access to abutting streets and, as determined by the Director, do not provide sufficient area to be of practical use under the area's existing zoning classification, shall be prohibited.
17. 
Half-Street Prohibited. Half-streets shall be prohibited except to complete the remaining half of an existing half-street.
18. 
Street Names. Names of new streets shall not duplicate existing or platted street names unless the new street is a continuation of, or in alignment with and within two thousand (2,000) feet, the existing or platted street. In such cases, it shall carry the name of the existing street. Names shall be easily spelled and pronounced.
19. 
Gated Subdivisions. Gated subdivisions are discouraged and may only be approved where all impacted streets are private. Adequate provisions for turnarounds must be provided.
20. 
Alleys. Alleys may be platted in any subdivision with right-of-way widths of no less than twenty (20) feet. Dead-end alleys shall not be permitted, except where adequate turnaround is provided.
21. 
Access. Lots in the R-1 and R-2 Districts created through the subdivision process with frontage on a collector or arterial street, will not be allowed direct access to a collector or arterial street unless no other access is possible. Shared access easements may be required for any proposed lots fronting on collector or arterial streets. Any needed access easements must be shown on the plat.
22. 
Access Restrictions. Access restrictions may be created by covenant on a plat. Access may be limited on collector and arterial streets.
[R.O. 1988 § 42-513; Ord. No. 4762, 10-2-2023]
1. 
An easement for utilities may be required along the side, and/or rear lot lines where necessary to form a continuous easement of at least ten (10) feet in width.
2. 
A ten-foot utility easement may be required along the frontage of lots along streets with less than sixty (60) feet of right-of-way width; and collector and arterial streets.
3. 
If necessary to accommodate the extension of water or sewer lines, to provide space for pole guys for overhead lines along the periphery of a subdivision, or when unusual circumstances require additional space, a total utility easement width of twenty (20) feet or greater may be required.
4. 
A five-foot utility easement may be required as needed for street lighting.
5. 
Where possible, utility easements shall connect to easements already established in adjoining properties.
6. 
Drainage easements of varying widths and locations for stormwater management may also be required as determined by the City Engineer.
[R.O. 1988 § 42-514; Ord. No. 4762, 10-2-2023]
1. 
Blocks. Block lengths shall not exceed thirteen hundred twenty (1,320) feet, nor be less than two hundred fifty (250) feet. Pedestrian crosswalks of not less than six (6) feet in width or an alley located in the center of the block may be required for blocks in excess of thirteen hundred twenty (1,320) feet in length.
2. 
Lot Location. All residential lots, parcels, or tracts shall abut by their required frontage on a publicly dedicated street right-of-way. As an option for non-residential development, access to a publicly dedicated street may be provided through a recorded private cross or access easement a minimum of forty (40) feet in width, where not detrimental to the future subdivision of adjacent land. The easement shall be recorded as part of the platting process.
3. 
Lot Lines. Side lot lines should be substantially at right angles to straight street lines or radial to curved street lines.
4. 
Corner Lots. Corner lots should be provided extra width to permit required building setbacks.
5. 
Flooding. Lots located entirely within the FEMA designated 100-year or 500-year floodplain and deemed by the Director and the City Engineer to be a danger to public health and safety if developed for residential use shall not be platted. Lots or tracts subject to periodic flooding may be dedicated to the City, combined with adjacent lots, or used for recreational use, open space, or other uses that will not increase the potential flood hazard in the drainage basin.
6. 
Stream Buffer Crossings. The minimum number of road crossings of a stream buffer should be used within each subdivision, and no more than one (1) crossing is allowed for every three hundred (300) feet of buffer. The stream buffer requirements are described in Chapter 15 of the Rolla Municipal Ordinances.
7. 
Lot Remnants. All lot remnants below the minimum permitted size shall be added to adjacent lots, rather than permitted to remain as unusable parcels. Such lots may be platted as common lots.
8. 
Double Frontage Lots. Double frontage lots should be avoided, except where required to provide separation of development from highway or arterial streets or to overcome specific topographic disadvantages.
9. 
Flag Lots. Flag lots may be platted when the following criteria are met:
a. 
Flag lots will be allowed provided the minimum lot area is consistent with the requirements of the respective zoning district designation.
b. 
The access portion of such lots must have a minimum width of twenty-five (25) feet for lots less than three (3) acres in size, and not longer than two hundred fifty (250) feet in length. For lots greater than three (3) acres in size, the access portion must have a minimum width of fifty (50) feet.
c. 
The access portion of such lots may serve up to two (2) lots with a shared driveway and cross-access easement. In such case, the access portion of each lot may be reduced to twelve and one-half (12.5) feet to share the driveway.
d. 
Flag lots with an access portion more than one hundred (100) feet in length must be served by a driveway which meets the width and construction standards for fire access, as determined by the Fire Department.
[R.O. 1988 § 42-515; Ord. No. 4762, 10-2-2023]
1. 
Purpose. A parks dedication is required in order to provide an adequate level of public park facilities and services to new development based on the open space needs generated by the development and to ensure that such development occurs in a manner that is consistent with the components of the City's Comprehensive Plan. This Section should encourage the placement of parks within new residential developments or near or within a walkable distance of such developments, or will provide for the development of neighborhood or community parks by considering cash payment in lieu of parkland dedication.
2. 
Applicability. This provision shall apply to all residentially zoned subdivisions or re-subdivisions for residential uses that have not been previously subject to parkland dedication or fee in lieu of which create additional developable lots. This provision does not apply to boundary line adjustments or lot consolidations. The requirement for a fee-in-lieu payment also applies when a lot is rezoned from a non-residential district to a residential district, to be due prior to issuance of a building permit for development/redevelopment of the lot.
3. 
Prior To Recording The Final Plat. The applicant shall, as part of the final plat process, provide a warranty deed to the City in a form that is acceptable to the City or provide an equivalent fee-in-lieu payment, prior to recording the final plat.
4. 
Dedication Requirements. The area to be dedicated shall be clearly labeled and delineated on the subdivision plat and shall meet the following requirements:
a. 
Topography. At least fifty percent (50%) of the tract shall have a grade of less than four percent (4%). The balance may be covered with slope, streams, ponds, or other natural features. Retention areas or detention basins which are required by the City's stormwater regulations, drainage easements, or water detention areas will not qualify for the parkland requirement.
b. 
Public Use. This requirement shall be in addition to any private open space or recreation facilities designated for the sole benefit of the subdivision residents.
c. 
Location. The parkland shall have access on a public street with a minimum frontage of sixty (60) feet. Consideration shall be given to placing parks where they can be added to by future subdivisions or as an addition to an existing park. Consideration may be given to the existing and planned park facilities in the vicinity.
d. 
Size And Shape. The tract size shall not be less than one (1) acre in size, unless, in the opinion of the Parks and Recreation Director and the Parks Advisory Commission, this land can be added to an adjacent existing park or future park.
e. 
Approval. The Parks Advisory Commission and the Parks and Recreation Director shall recommend the tract as suitable for use as a public park if the requirements listed above have been deemed satisfied before the plat can be approved by the City Council. The area of the tract shall be based upon a calculation using the following schedule:
i. 
R-1, R-2, U-R Districts: five percent (5%) of total residential area subdivided.
ii. 
R-3, R-4 Districts: seven percent (7%) of total residential area subdivided.
5. 
Computation. The percentage of land deeded shall be based upon the total area of the development or subdivision used for residential uses (lots), excluding any non-residential uses. Non-residential uses shall include such areas as right-of-way, dedicated conservation areas, or private amenities; provided, there are no residences on these areas. If, during the subdivision process, a rezoning is proposed for the same property, this provision will apply at the rate that is consistent with the newly proposed zoning district.
6. 
Parks Director. The required dedication or fee is calculated by the Parks Director. The Parks Director will provide a report to the appropriate City departments, the Commission, and the City Council for final determination that describes the suitability of the proposed land to be dedicated and the way in which the parkland dedication requirement was calculated and, if applicable, the way in which the fee-in-lieu of was calculated and the amount due by the applicant.
7. 
Encumbrances. The deeded land shall be free of liens, special assessments, and other encumbrances and shall have all taxes paid to the date of deeding.
8. 
Use Of Dedications. Nothing herein shall prevent the City from using such deeded park property as allowed by Section 77.140, RSMo.
9. 
Fee-In-Lieu Of Park Dedication. If the land available within the subject subdivision proposal does not meet the requirements and stipulations of this Section, a fee-in-lieu of parkland dedication shall apply. The payment shall be calculated at a base rate of eighteen thousand dollars ($18,000.00) per acre of the parkland acreage requirements as calculated above. Any fractional parts of an acre shall be prorated. The dollar amount per acre value established herein will be reassessed not sooner than every five (5) years from January 1, 2026, based on the cost of increase in property values and such increase shall be revised administratively. This rate will apply unless the developer can demonstrate to the satisfaction of the Parks Director and the Parks Advisory Commission that the current fair market value should be used.
10. 
Payment Of Fee-In-Lieu. All fee-in-lieu payments shall be deposited into the Parks and Recreation Land Escrow Account. The applicant shall deposit the required amount into this account without recourse or the right of recovery. Such cash deposit shall be made prior to the recording of the final plat.
11. 
Use Of Fee-In-Lieu Payments. These cash payments shall be used for the following purposes in priority as determined by the City Council with the advice and recommendation of the Parks Director and the Parks Advisory Commission:
a. 
Acquisition of neighborhood or community parks within one and one-half (1.5) miles of the applicable subdivision.
b. 
Improvements to existing parks within one (1) mile of the applicable subdivision.
c. 
Acquisition or improvement of larger regional or community-wide parks.
[R.O. 1988 § 42-516; Ord. No. 4762, 10-2-2023]
1. 
The improvements required in any subdivision shall be in accordance with the following and shall conform to the City of Rolla "Standards and Specifications" on file in the office of the Director of Public Works which are hereby adopted as the design standards for the public improvements required by this Zoning and Subdivision Code.
2. 
Streets And Alleys. The subdivider shall grade and pave all new streets and alleys (if any) within the subdivision. It is the City's policy to participate in or contribute only to certain additional costs for the construction of collector or arterial streets over and above the normal construction costs for minor street standards, when such collector and arterial streets are identified on the Major Thoroughfare Plan, or when designated by the City Engineer. Such participation is not mandatory and is solely at the election of the City Council.
3. 
Sanitary Sewers. The subdivider shall extend sanitary sewer access and install sanitary sewer connections for each lot. When sanitary sewers are not available, as determined by the City Engineer, the subdivider shall install within the subdivision capped sewer mains and house connections to each lot in addition to other required on-site sewerage facilities. Prior to final approval of the plat, the subdivider shall provide the City Engineer, for their approval, detailed construction plans for the proposed sanitary sewer system. The City may participate in the costs of installing sewer for sewer lines which may serve a large area beyond the properties owned by the subdivider.
4. 
Storm Sewers. The subdivider is responsible for construction of all needed storm sewer and stormwater collection and storage systems necessary for development. Construction plans for storm sewer facilities shall be shown both in plan and profile with details of all necessary facilities. The data regarding the area to be served by the facilities and the estimated run-off from the area tributary to the facilities beyond the subdivision shall accompany the detailed plans. The City may participate in the costs of installing stormwater facilities if such facilities may serve a large area beyond the properties owned by the subdivider.
5. 
Survey Standards And Monuments. The subdivider's surveyor shall establish, or confirm the prior establishment, of permanent monuments at each controlling corner on the boundary of the subdivision and at all block corners, point of intersections, points of curvature, and points of tangency within the subdivision. Monuments may be selected from the types described by the "Minimum Standards for Property Boundary Surveys" of the Missouri Department of Natural Resources. In addition, the subdivider's surveyor shall establish at least two (2) permanent monuments as approved by the City Engineer for each block in the subdivision. Monuments shall be placed so as to create base lines in each block from which all points and lines in that block are laid out.
6. 
Sidewalks. The subdivider shall be responsible for the construction of sidewalks along all proposed and existing streets within and adjacent to the development as required by this Zoning and Subdivision Code.
a. 
Construction of sidewalks may be deferred per the requirements of this Section.
b. 
The Planning Commission may approve an alternative sidewalk plan to allow modifications to the sidewalk requirements, or in a planned unit development, where the subdivider has submitted a proposed pedestrian circulation plan that provides more direct and safer movement of pedestrian traffic.
7. 
Fire Hydrants. Fire hydrants shall be placed by the subdivider in accordance with the requirements of the City's Fire Chief, International Fire Code, Rolla Municipal Utilities, and the State Inspection Bureau of Missouri.
[R.O. 1988 § 42-517; Ord. No. 4762, 10-2-2023]
1. 
Before the final plat of any subdivision is recorded, the subdivider shall provide for the improvements described in this Section to be extended to all lots shown on the final plat. Subdivision improvements includes all streets, alleys, waterlines, sewer lines, storm sewers, stormwater detention basins, sidewalks, and any other infrastructure which the developer will construct to serve the development. In lieu of completion of the said improvements prior to recording, the subdivider or other person who agrees with the City to make public improvements on behalf of the subdivider, may post surety bond with one (1) or more corporate sureties engaged in the business of signing surety bonds in Missouri, an escrow agreement, letter of credit or other appropriate security agreement, as approved by the City Engineer, that will ensure that the improvements will be completed by the subdivider.
2. 
The amount of corporate surety bond, escrow agreement, or other appropriate security agreement shall not be less than the estimated cost of the public improvements as determined by the City Engineer. The infrastructure may be divided into phases of construction.
3. 
The City Engineer may, during the period of such bond, accept substitution of principal or sureties on the bond or a substitution of a letter of credit, escrow or other approved security agreement.
a. 
The City Engineer may require that certain improvements, such as stormwater facilities, be made and refuse to accept security for such improvements when they determines that the improvements are necessary for immediate protection of adjacent property. Otherwise, all improvements shall be completed within two (2) years after recording the plat.
b. 
The Commission, upon proof of hardship, may extend the completion date for improvements stated in the bond agreements for a maximum period of one (1) additional year; provided, the request is made prior to the end of the second year following recordation and provided the security amount is revised if required by the City Engineer.
c. 
The Commission may also defer at the time of final plat approval, subject to appropriate conditions, the provision of any such improvements as, in its judgment, are not appropriate because of incompatible grades, future planned public improvements, inadequate or lack of connecting facilities, or other reasons.
4. 
The release or reduction of required surety bonds, escrow agreement or other security agreement shall be in accordance with the following:
a. 
When a petition for improvements by the tax bill method is filed and when said petition has passed the required remonstrance petition assuring the City that all improvements will be provided, said bond or agreements posted by the subdivider may be released by the City Engineer.
b. 
The City Engineer may release or reduce said bond or agreements when they have determined that all or a portion of the required improvements have been satisfactorily completed and are free of any liens or other encumbrances. Any reduction in the bond or agreements shall not exceed the ratio of the cost of the completed improvements bears to the total estimated cost of all public improvements for the plat.
5. 
Said improvement guarantee expires two (2) years after being executed, or another date provided by the document. If all improvements are not complete after the expiration the guarantee must re-negotiated with current costs of construction for all remaining infrastructure to be built.
6. 
In particular, it is expected that the developer will construct all remaining sidewalks within the development if the development is not fully built-out within the first two (2) years.
7. 
If the improvements are not complete after the terms of the guarantee and the guarantee is not re-negotiated, the City has the right to demand payment of the guarantee, pursuant to State Statutes, to pay for the cost of completing the improvements.
[R.O. 1988 § 42-518; Ord. No. 4762, 10-2-2023]
1. 
No building permits may be issued prior to the final plat being recorded.
2. 
No certificate of occupancy may be issued for a building in the development until the infrastructure in the development, or phase of construction, if applicable, has been completed and accepted by the City.
3. 
Sidewalks adjacent to the developed lot and any adjacent lots under the same ownership (other than the developer) must be constructed prior to the issuance of a certificate of occupancy.
[R.O. 1988 § 42-519; Ord. No. 4762, 10-2-2023]
1. 
The regulations set forth in this Subsection shall apply in all developments where the following features are held in common ownership by persons owning property within a development.
a. 
All lands in common open space, not a part of individual lots, designed for the mutual benefit of a group of persons owning property within a development, where such lands are not dedicated to or conveyed for public use; whether or not such lands are required by the provisions of this Section; and
b. 
All private streets, driveways, parking facilities, and buildings or portions thereof, as may be provided for common use, benefit and/or enjoyment of the development occupants; whether or not such improvements are required by the provisions of this Zoning and Subdivision Code.
2. 
All common open space and improvements shall be protected by legal arrangements that are satisfactory to the City and sufficient to ensure their maintenance and preservation for the purposes intended. Covenants or other legal arrangements shall specify ownership of the common open space and common improvements, method of maintenance, responsibility for maintenance, maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain common open space and common improvements will not be dissolved without the consent of the City, and other specifications deemed necessary by the City.
3. 
All subdivision of property containing common lots, open space and common improvements shall be considered a subdivision and subject to review in accordance with the provisions of the Subdivision Regulations.
[R.O. 1988 § 42-520; Ord. No. 4762, 10-2-2023]
1. 
Condominium Property Act. Except where it can be demonstrated that the provisions of this Section can be satisfied by other means, all lands and improvements, as set forth in this Section shall be established and maintained in accordance with the Condominium Property Act, Chapter 448, RSMo.
2. 
Platting. A condominium plat must be submitted for review in order to create a condominium ownership arrangement. The plat may be reviewed following the minor subdivision process if five (5) or fewer units are proposed; otherwise the plat must be reviewed following the final plat review process.
3. 
Condominium Plat Covenants. Any restrictive covenants, rules and by-laws of the ownership unit, as prepared in accordance with Chapter 448, RSMo., shall be approved by the City before any final plat is recorded. The covenants and restrictions shall provide:
a. 
For the establishment of the condominium or homeowners association or trust prior to the sale of any property;
b. 
For the method of maintenance;
c. 
That open space restrictions and maintenance shall be permanent;
d. 
That the homeowners are liable for the payment of maintenance fees and capital assessments;
e. 
That unpaid homeowners fees and assessments will be a lien on the property of the delinquent homeowners;
f. 
That the association or trustee shall be responsible for liability insurance, taxes and perpetual maintenance;
g. 
That membership shall be mandatory for each homeowner and any successive buyer;
h. 
That each homeowner, at the time of purchase, shall be furnished with a copy of the approved restrictions or conditions;
i. 
That any association or trust formed to own and maintain common open space and common improvements will not be dissolved without consent of the City; and
j. 
That the City of Rolla shall assume no responsibility for the enforcement of private restrictive covenants.