ARTICLE I. IN GENERAL
Sec. 27-1. Title
This Chapter shall be known as “The Subdivision Ordinance of the City of Marshall, Missouri.”
(Code 1967, Sec. 27-1)
Sec. 27-2. Purpose
The purpose of this chapter is to set forth rules and regulations for the subdivision of real property so that each subdivision shall be properly coordinated with existing streets, utilities, public facilities and plans for developing these entities. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the protection of the public health, safety, and welfare. To protect the public, among other purposes, such provisions are intended to provide for permanently wholesome community environment, adequate municipal services, safe streets and comprehensive sound development of the municipality, both as to its present and future requirements. (Code 1967, Sec. 27-2)
Sec. 27-3. Subdivision and Development Board created
There is hereby created a subdivision and development advisory board which will consist of four (4) members, three (3) of whom shall be appointed by the Mayor with the approval of the city council, to serve at the pleasure of the city council. The mayor shall be the fourth member and shall serve as the chairman of the board. (Code 1967, Sec. 27-3, 27-4)
Cross references—Administration, Ch.2; boards, commissions and committees generally, Sec. 2-311 et seq. _______*Cross references – Any ordinance dedicating or accepting any plat or subdivision in the city or providing regulations for the same saved from repeal, Sec.1-5 (9); buildings and building regulations, Ch.7;streets, sidewalks and public places, Ch. 26; utilities, Ch. 30; zoning, Ch. 32.
State law reference – Authority of city to regulate subdivisions RSMo 89.410.
Sec. 27-4. Performance Bond for installation of streets, sidewalks, street pavement, curbs,
curb and gutter and drain and storm sewer facilities.
(a) The proper installation of streets, sidewalks, street pavement, curbs, curb and gutter and storm sewer facilities located in dedicated rights-of-way or easements in new subdivisions shall be complete and accepted by the city, or guaranteed by the furnishing by the subdivider or his agent of surety for the proper installation of streets, etc. If a surety bond, letter of credit or credit or demand note acceptable to the city to guarantee the installation of streets, etc., if a surety bond, letter of credit or demand note is to be issued, it shall be in favor of the city, and no building permit shall be issued for any lot or tract in a subdivision which abuts a street for which satisfactory surety has not been furnished. Construction plans for such installation must be approved by the city before construction begins. The subdivider shall not be permitted to cancel the surety bond, letter of credit or demand note without the written permission of the city. The amount of surety bond, letter of credit or demand note shall be for a term of not less than one (1) year nor more than two (2) years; however, upon completion by the subdivider and acceptance by the city of the improvements before the expiration date of the bond, letter of credit or demand note, it will be released by the city.
(b) If, within a sixty(60) day period before the date of expiration of the surety bond, such required installations do not meet the city’s specifications, the subdivider and the bonding company will be notified by the city that the improvements do not meet the city’s specifications and failure to bring said installations up to required standards before the expiration date of the bond will result in the bond’s being forfeited to the city, and so much of the bond as may be necessary to bring the streets up to specifications may be expended by the city and any excess of the bond shall be returned to the subdivider or his bondsman according to the agreements therein contained.
(Code 1967, Sec. 27-5;Ord.No. 6059, Sec. 1,2-4-85)
Secs. 27-5—27-15. Reserved
ARTICLE II. PLATS
Sec. 27-16. Preliminary plat-- Contents
A preliminary plat must be filed with the subdivision and development advisory board. The plat shall be drawn to a scale of one hundred (100) feet to one inch, or larger, and shall show or be accompanied by the following information:
(1) The proposed name of the subdivision, which must not be so similar to that of an existing subdivision as to cause confusion, and the names of adjacent subdivisions;
(2) The names of the owner or licensed engineer or surveyor responsible for the survey and design;
(3) The location of boundary lines and their relation to established lines and fractional section lines;
(4) The location and width of existing and proposed streets, sidewalks, roads, lots, alleys, building lines, park and other features, and similar facts regarding property immediately adjacent thereto; also the location and size of existing sewers and water mains. If there are no adjacent subdivisions, a map made on a smaller scale may be required by the board showing the outline and ownership of adjacent properties, location and distance of the nearest subdivision and how the streets, alleys or highways in the subdivision offered for record may connect with those in the nearest subdivisions;
(5) A survey showing physical features of the property, including locations of watercourses, ravines, bridges, culverts, present structures, size of adjacent drainage areas in acres and other features pertinent to the subdivision. The outline of wooded areas or the location of important individual trees may be required. On extensive or broken tracts, the board may require contours at intervals of two (2) or five (5) feet. All grades shown shall be referred to U.S.G.A. data. The approximate acreage of the property is to be indicated;
(6) Approximate grades and gradients of streets, including existing streets within the proposed development, and outside streets tangent or adjacent thereto;
(7) A designation of the proposed uses of land within the subdivision, including the type of residential use, location of business or industrial sites, and sites for churches, schools, parks or other special uses;
(8) North point, scale and date.
(Code 1967, Sec. 27-15)
Sec. 27-17. Same –Approval
As soon as practicable and not later than forty-five(45) days after its receipt of the preliminary plat, the board shall, after having given due consideration to the preliminary plat, advise the person filing the plat of its approval or disapproval of the plat; and if the same be disapproved, shall advise the person filing the plat of the reasons for its disapproval. The approval of a preliminary plat shall not constitute acceptance of the subdivision, but merely an authorization to proceed with the preparation of the final plat. No construction work shall be done on the subdivision before the final plat is accepted, except with the written approval of the board and the city council.
(Code 1967, Sec. 27-16)
Sec. 27-18. Stage Construction
The developer may, after receiving approval of the preliminary plat, petition the subdivision and development advisory board to proceed with the subdivision by stages. The area may be divided into sections and after approval by the board and the city council, the installation of the improvements required in section 27-53, may be constructed. Ordinarily, the minimum length of a street to be improved shall be three hundred (300) feet unless permission is granted by the board for a lesser amount.
(Code 1967, Sec. 27-17)
Sec. 27-19. Filing Fee
The subdivider shall file his proposed plat of subdivision in the office of the mayor for consideration by the subdivision and development advisory board, and shall upon such filing pay a fee of ten dollars($10.00).
(Code 1967, Sec. 27-18)
Sec. 27-20. Final Plat – Contents
After the preliminary plat has been approved by the subdivision and development advisory board, a final plat in the form of a record plat shall be prepared and submitted to the board for approval by that body and the city council. This plat shall be drawn on tracing cloth of standard sheet size in India ink, and shall be to a scale of not more than one hundred (100) feet to the inch unless otherwise directed the board, and shall show or be accompanied by the following information:
(1) The name of the subdivision and adjacent subdivisions, the names of streets, to conform wherever possible to existing street names, and numbers of lots and blocks, in accordance with a systematic arrangement. In case of branching streets, the lines of departure shall be indicated;
(2) An accurate boundary survey of the property, with bearings and distances, referenced to section corners, and showing, in dotted lines, the lines of all adjacent lands and the lines of adjacent streets and alleys, with their widths and names;
(3) Location of lots, streets, sidewalks, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and of arcs of all curves and with all other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points and points of curve to lot lines;
(4) The location of building lines on front and side streets and the location of utility easements;
(5) Profiles of grades for streets, if required by the council or by the subdivision and development advisory board;
(6) Certification of dedication of all streets, public highways, alleys, parks and other land intended for public use, signed by the owner or owners and by all other parties who have a mortgage or lien interest in the property;
(7) An affidavit of ownership showing fee simple title and encumbrances and liens;
(8) Certification by a registered civil engineer or licensed surveyor to the effect that the plan represents a survey made by him, and that all the necessary survey monuments are correctly shown thereon;
(9) Certificates of approval on the tracing to be filled out by the subdivision and development advisory board;
(10) North point, scale and date.
(Code 1967, Sec. 27-19)
Sec. 27-21. Same – Figures, letters to be plain, distinct, etc
All figures and letters shown on the final plat must be plain, distinct and of sufficient size to be easily read, and must be of sufficient density to make a lasting and permanent record.
(Code 1967, Sec. 27-20)
Sec. 27-22. Same – Key map required
When more than one sheet is submitted as a final plat, a key map showing the entire subdivision at smaller scale, with block numbers and street names, shall be shown on one of the sheets or on a separate sheet of the same size.
(Code 1967, Sec. 27-21).
Sec. 27-23. Action on Final plat; notice to subdivider
The subdivision and development advisory board shall within forty-five(45) days after receipt of the final plat, determine its recommendation as to whether the plat shall be approved, approved with modifications, or disapproved, and shall within the forty-five(45) day period give notice to the subdivider of its determination. If approved, the board shall so note on the face of the plat and shall thereupon forward the plat to the city council, notifying the subdivider of its action. If approved with modification, or if disapproved, the board shall attach to the original plat a statement of the reasons for the action and shall forthwith return the original of the plat to the subdivider, retaining one copy thereof for its records.Sec. 27-24. Appeal from disapproval of plat If the final plat is returned to the subdivider as provided in section 27-23, the subdivider may appeal the decision of the subdivision and development advisory board to the city council, and the decision of a majority of the members of the council present and voting at the meeting to which the appeal is made shall be final.
(Code 1967, Sec. 27-23).
Sec. 27-25. Plat approval necessary for furnishing of utilities
Permission shall not be granted for the connection of utilities to the various city utility systems, nor shall the city owned utility systems be extended to serve a subdivision until the plat for the subdivision has been approved by the city council.
(Code 1967, Sec. 27-24).
Sec. 27-26. Plat disapproval if utilities cannot be furnished within reasonable time
The city council may refuse to approve a plat unless it is evident that proper water and sewer facilities can be supplied within a reasonable time.
(Code 1967, Sec. 27-25).
Sec. 27-27. Recording of plat
No building permit shall be issued providing for the improvement of any lot in the subdivision until there has been filed with the building division of the department of public works a copy of the plat of the subdivision bearing the approval of the subdivision and development advisory board and the city council, certified to by the recorder of deeds of the county that the plat has been recorded in his office and that the copy is a true and correct copy of the plat so recorded.
(Code 1967, Sec. 27-26).
Sec. 27-28. Variation in application of regulations
The subdivision and development advisory board may recommend a variation of the application of the regulations of this chapter in harmony with their general purpose and intent and in accordance with the rules herein contained in cases where there are particular difficulties or particular hardships in the way of carrying out the strict letter of any such regulations relating to the subdividing of land, and may recommend to the city council that it approve the plat of subdivision in spite of failure to strictly comply with the letter of any of the regulations, stating the reasons for its recommendations.
(Code 1967, Sec. 27-27).
Sec. 27-29. Advice, Cooperation furnished
Advice and cooperation in the preparation of plats shall be freely given by the department of public works and the departments of light and water of the city, and by the subdivision and development advisory board, It is suggested that each subdivider of land confer with these departments before preparing the preliminary plat in order to become more thoroughly familiar with subdivision requirements and the zoning ordinances affecting the territory in which the proposed subdivision lies.
(Code 1967, Sec. 27-28).
Sec. 27-30. Restricting changes in lot sizes in new subdivisions
(a) It shall be unlawful for the owner of any lot in any new subdivision to sell or offer for sale any such lots in the subdivision the size of which has been reduced by amendments or changes and it shall likewise be unlawful for the platters of any new subdivision to change or amend the width or location of any streets as shown on the plats accepted by the city council without prior approval by the city council after a public hearing on the matter is duly held.
(b) It shall be unlawful to change or amend the proposed uses or restrictions concerning any new subdivision as submitted under section 27-16(7) without prior approval by the city council after a public hearing on the matter is duly held.
(Code 1967, Sec. 27-29).
Secs. 27-31—27-40. Reserved
ARTICLE III. MINIMUM STANDARDS OF DESIGN
Sec. 27-41. Permanent Monuments
The engineer shall place sufficient permanent monuments along the boundaries of the property so that another engineer may retrace his work with accuracy. Iron pins not less than three (3) feet long and three-quarter inch in diameter shall be placed at block corners, angle points on the streets and the beginning and end of curves on streets.
(Code 1967, Sec. 27-39)
Sec. 27-42. Street Arrangement
Unless otherwise approved by the council, provision must be made for the extension of main thoroughfares as shown on the major street plan of the city planning commission; secondary streets must provide free circulation within the subdivision. Off-center street intersections will not be approved except in cases where land use will not justify same or in other unusual cases.
(Code 1967, Sec. 27-40)
Cross reference – Streets, sidewalks and public places, Ch. 26.
Sec. 27-43. System of Streets
The system of streets designed for the subdivision, except in unusual cases where land use will not justify the same or in other unusual cases, shall connect with streets already dedicated in adjacent subdivisions; and where no adjacent connections are platted, the system of streets shall in general be the reasonable projections of streets in nearest subdivided tracts, and shall be continued to the boundaries of the tract subdivided so that other subdivisions may connect therewith.
(Code 1967, Sec. 27-41)
Cross reference – Streets, sidewalks and public places, Ch. 26.
Sec. 27-44. Arrangement of large parcels within subdivision
In case a tract is subdivided into larger parcels than normal building lots, such parcels shall be arranged to permit the opening of future streets and logical resubdivisions.
(Code 1967, Sec. 27-42)
Sec. 27-45. Dead-end streets, courts and places
Except where land use will justify the same or in other unusual cases, no dead-end streets will be approved unless the dead-end streets are provided to connect with future streets in adjacent land, but courts or places may be permitted where the contour of the land makes it difficult to plat with connecting streets. The courts or places shall provide proper access to all lots and shall generally not exceed four hundred (400) feet in length, and a turnaround shall be provided at the closed end with an outside curb radius of at least forty (40) feet.
(Code 1967, Sec. 27-43)
Sec. 27-46. Street Widths
All streets shall be at least fifty (50) feet in width, but a greater width may be required by the city council upon the recommendation of the subdivision and development advisory board.
(Code 1967, Sec. 27-44)
Sec. 27-47. Alleys or Loading Courts
Except in unusual cases, alleys or loading courts must be provided in business blocks. Alleys are optional in residential districts, but may be required where alleys of adjoining subdivisions would be closed or shut off from egress by the failure to provide alleys in the new subdivision. Alleys shall have a minimum width of twenty (20) feet. In case of intersecting alleys, a cutoff of at least five (5) feet shall be required to be measured from the point of intersection of the alley lines the resultant connecting lot line to be at least five (5) feet in length.
(Code 1967, Sec. 27-45)
Sec. 27-48. Block lengths; Pedestrian ways
In general, intersecting streets, which served to determine block lengths shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets or customary subdivision practice in the neighborhood. Where no existing plats control, the blocks may not exceed five hundred (500) feet in length, except that a greater length may be permitted by the city council upon the recommendation of the subdivision and development advisory board. In blocks longer than five hundred (500) feet, pedestrian ways through the block may be required near the center of the block. The pedestrian ways shall have a minimum width of ten (10) feet.
(Code 1967, Sec. 27-46)
Sec. 27-49. Residential lot sizes
The size of lots in residential districts shall be adequate for the proposed structure, and shall conform to the minimum sizes established in the zoning ordinance of the city.
(Code 1967, Sec. 27-47; Ord. No. 6979, Sec. 1, 9-3-96)
Sec. 27-50. Lot lines
All lots shall have the side lines as nearly as practicable at right angles to the street on which the lot faces. Lots with double frontage are undesirable and shall be avoided wherever possible.
(Code 1967, Sec. 27-48)
Sec. 27-51. Building lines
Building lines shall be shown on all lots and shall provide at least the setback required by similar existing areas in the city. If, however, suitable provision is made in connection with the plat or the restrictions pertaining to the plat, building lines may thereafter be varied without the consent of the council, provided the variation does not reduce the setback more than five (5) feet, nor to less than the setback required in similar existing areas in the city.
(Code 1967, Sec. 27-49)
Sec. 27-52. Utility Easements
Easements of not less than eight (8) feet shall be provided on each side of rear or side lines, where necessary, for public utilities. If necessary for the extension of main water or sewer lines, or similar utilities, easements of greater width may be required along lot lines or across lots. Easements where practicable shall connect with established easements in adjoining property. The indication of easements on a plat does not necessarily constitute a dedication of such easements to public use, but the easements as shown shall not thereafter be changed without the consent of the council. Adequate drainage courses for storm water shall be provided for by easement.
(Code 1967, Sec. 27-50)
Cross reference – Utilities, Ch. 30.
Sec. 27-53. Parks, school sites, playgrounds
Suitable sites for parks, schools, playgrounds and any other public requirements should be carefully considered and indicated on the preliminary plat so that it can be determined which of the sites should be indicated on the final plat, and when and in what manner such areas will be acquired by the city. Attention is called to the advantages on a large tract of dedicating a reasonable percent of the property for such use.
(Code 1967, Sec. 27-51)
Cross reference –Parks, recreation and city property, Ch.19.
Sec. 27-54. Subdivider to provide certain improvements
Prior to the granting of final approval by the city council, the subdivider shall provide for the installation of the following improvements:
(1) Sidewalks, walks and parkways. Concrete sidewalks shall be constructed on at least one side of all platted streets and shall be so constructed as to comply with sections 26-71—26-74. A minimum of thirteen (13) feet of the width of each street shall be reserved for walks and parkways except that in streets of a greater width than fifty (50) feet, the board, with the approval of the city council, may require a wider area to be reserved for sidewalks, walks and parkways. Areas reserved for sidewalks, walks and parkways shall be of equal width on each side of the street so that the center line of the roadway shall in all events be the center line of the street.
(2) Roadway surfaces. All roadways shall be surfaced in accordance with the minimum specifications then existing for the construction of other streets in the city.
(3) Sanitary sewer system. A sanitary sewer system shall be planned and designed in accordance with the standards of the bureau of public health engineering of the state and subdivision and development advisory board, and with the provision of necessary sewer easement, the construction of the same to be dependent upon the availability of city sanitary sewer facilities at reasonable cost.
(4) Cost, supervision. The subdivider shall, prior to the granting of approval by the city council, agree to be responsible for the cost of all improvements herein mentioned. All improvements shall be constructed under the supervision and subject to the inspection and approval of the city engineer.
(Code 1967, Sec. 27-52).