Chapter 42 - Planning & Zoning: Article II - Subdivisions
Division 1. General Provisions
- § 42-22 Interpretation and Purpose
- § 42-22.1 Authority and Scope.
- § 42-22.2 Conditions.
- § 42-23 Application of Regulations and Enforcement.
- § 42-24 Variances.
- § 42-24.1 Conditions of Variance Approval.
- § 42-24.2 Authority to Grant Variances.
- § 42-24.3 Variance Procedure.
- § 42-24.4 Granting a variance to Sec. 42-24 relating to sidewalks and streets. (Scott Family Investments, LLC.)
- § 42-25. Subdivision Application Procedure and Approval Process.
- § 42-25.1 Procedure for Minor Subdivision Approval.
- § 42-25.2 Procedure for Major Subdivision Approval.
- § 42-25.3 Phasing of Major Subdivision Plats Permitted.
- § 42-25.4 Resubdivision of Minor or Major Subdivisions.
- § 42-25.5 Cluster Subdivisions.
- § 42-26. Requirements for Improvements, Reservation and Design.
- § 42-26.1 Subdivision Name.
- § 42-26.2 Streets.
- § 42-26.3 Alleys.
- § 42-26.4 Utility Easements.
- § 42-26.5 Blocks.
- § 42-26.6 Lots.
- § 42-27 Dedication of Public Parks; Alternative Payment in Lieu of Parkland Dedication.
- § 42-28 Flood Areas.
- § 42-29 Subdivision Improvements.
- § 42-30 Subdivision Improvement Guarantees.
- § 42-30.1 Release or Reduction of Security.
- § 42-31 Access Criteria for Major Streets.
- § 42-32 Specifications for Documents to be Submitted.
- § 42-32.1 Sketch Plats.
- § 42-32.2 Preliminary Plats.
- § 42-32.3 Final Plats.
- § 42-33 Definitions.
- § 42-34 Processing Fees.
- §§ 42-35 - 42-44. Reserved.
Division 1A - Closed Streets
- § 42-45 Closing of the First and State Streets Bridge.
- §§ 42-46 to 42-48 Reserved.
Division 2 - Acceptance of Plats
- § 42-49 Forum Commercial Resubdivision in the Forum Addition.
- § 42-50 Sylvan Hills Subdivision One.
- § 42-51 Eastmeadow Addition.
- § 42-52 Presbyterian Manor Tract.
- § 42-53 Forum Lakes Subdivision.
- § 42-54 Brookridge Estate Addition, Tract No. 3.
- § 42-55 Ponzer Addition.
- § 42-56 Plat of Fox Creek.
- § 42-57 The Plat of Vienna Woods.
- § 42-58 Ledgerwood Estates.
- § 42-59 Pershing Village - Plat No. 1.
- § 42-60 Poe Subdivision.
- § 42-61 Harvest Fields Subdivision.
- § 42-62 Harvest Fields Resubdivision.
- § 42-63 Fox Creek Resubdivision.
- § 42-64 Oak Knoll Estates Subdivision.
- § 42-65 Newcastle Place Subdivision.
- § 42-66 Steeplechase Hill Resubdivision.
- § 42-67 Ponzer Second Addition Subdivision.
- § 42-68 Woodcrest Estates Resubdivision.
- § 42-69 Brookridge Estates Resubdivision.
- § 42-70 Eastmeadow, Tract A, Resubdivision.
- § 42-71 Forum Lakes, Tract No. 2, Resubdivision.
- § 42-72 Cowan's Addition, Lots 5 and 6, Block 6, Resubdivision.
- § 42-73 Hess Addition, Lot 24, Resubdivision.
- § 42-74 Lakeview Resubdivision.
- § 42-75 Forum Lakes, Tract No. 10, Resubdivision.
- § 42-76 Contel Subdivision.
- § 42-77 Forum Commercial Resubdivision, Lot "F", Resubdivision.
- § 42-78 East Meadow, Tract B, Resubdivision.
- § 42-79 Woodcrest Estates, Lots 21 thru 42, Lots 61 thru 80, Lot 87, Resubdivision.
- § 42-80 Dogwood Trail No. 1.
- § 42-81 Bishop's Subdivision, Block 91, Resubdivision.
- § 42-82 Rolla Park No. 2 - Resubdivision of Lot 47, a resubdivision of Lots 39-47.
- § 42-83 Stone Ridge Estates - Resubdivision of Brookridge Estates Tract 3, Lots 1-43.
- § 42-84 Ramsey Place Plat No. 1.
- § 42-85 Forum Lakes, Tract 9, Resubdivision.
- § 42-86 Ponzer Third Addition Subdivision.
- § 42-87 Newcastle Place, Plat 1, Resubdivision.
- § 42-88 Cowans Addition - Resubdivision of Lots 19 and 20, Block 12.
- § 42-89 Forum Lakes Addition - Resubdivision of Tracts 1 and 4.
- § 42-90 Maggi Place Addition.
- § 42-91 Ramsey Place Plat No. 2.
- § 42-92 10th Street Medical Center Subdivision.
- § 42-93 Old Towne Place.
- § 42-94 Eastmeadow - Resubdivision of Tract "A-4" of the Resubdivision of Tract "A" of Eastmeadow.
- § 42-95 Chasteen Subdivision.
- § 42-96 Franklin-Schweiss Addition.
- § 42-97 Southview and Winchester Drives.
- § 42-98 Scottsvale Subdivision.
- § 42-99 Lots 16, 17, 18, 23 and 24 of Maggi Place.
- § 42-100 Huntington Estates No. 1, a resubdivision of Brookridge Estates No. 2.
- § 42-101 A portion of Tract 12, Forum Lakes.
- § 42-102 A portion of Tract 5, Forum Lakes.
- § 42-103 Huntington Estates No. 2, a resubdivision of Brookridge Estates No. 2.
- § 42-103.1 Tract 7 Forum Lakes, a Resubdivision of Tract 7 Forum Lakes.
- § 42-103.2 Tract No. 1 Silverleaf Subdivision, a Resubdivision of Ramsey Place.
- § 42-103.3 Approving the plat of Richfountain Place.
- § 42-103.4 Approving the plat of the Division of Tract "B" of resubdivision of Lots 16, 17, 18 Maggi Place Subdivision.
- § 42-103.5 Approving the plat of the resubdivision of a part of Tract 1 of Heritage Heights.
- § 42-103.6 Approving the plat of the resubdivision of a portion of Tract 12, Forum Lakes.
- § 42-103.7 Approving the plat of the resubdivision of a portion of Lots 82 and 83, Railroad Addition.
- § 42-103.8 Approving the plat of the Wal-Mart Supercenter Plaza.
- § 42-103.9 Approving the plat of Lots G & H (now called I & J), of the resubdivision of Lot 1 of the resubdivision of a portion of Tract 12, Forum Lakes Addition.
- § 42-103.10 Approving the plat of the Resubdivision of Tract B-2 of the Resubdivision of Tract B of the Resubdivision of Lots 16, 17, 18, 23 and 24 of Maggi Place.
- § 42-103.11 Approving the plat of the Resubdivision of Holloways First Addition, Second Plat.
- § 42-103.12 Approving the plat of the Resubdivision of Tract 3 Forum Lakes Subdivision.
- § 42-103.13 Approving the plat of the Resubdivision of Tract A, Maggi Place.
- § 42-103.14 Approving the plat of the Resubdivision of Tract 11 of Forum Lakes Subdivision
- § 42-103.15 Approving the plat of the Rolla Recycling Center Subdivision.
- § 42-103.16 Approving the plat of the Mossman Subdivision.
- § 42-103.17 Approving the plat of the Deer Crossing Subdivision.
- § 42-103.18 Approving the plat of the resubdivision of Scottsvale Subdivision.
- § 42-103.19 Approving the plat of the Hutchinson Subdivision No. 2.
- § 42-103.20 Approving the plat of the resubdivision of Tracts "B-2", "B-3" & "B-4" of the resubdivision of Tract B of the Eastmeadow Subdivision.
- § 42-103.21 Approving the final plat of the Paul Lewis Subdivision First Plat.
- § 42-103.22 Approving the final plat of the Hy Point Industrial Park South Subdivision.
- § 42-103.23 Approving the final plat of the Second Fire Station Plat No. 1 Subdivision.
- § 42-103.24 Approving the final plat of the VBC, Inc. Subdivision.
- § 42-103.25 Approving the amended plat of the resubdivision of Scottsvale Subdivision.
- § 42-103.26 Approving the plat of the Walmart Supercenter Plaza II Resubdivision.
- § 42-103.27 Approving the plat of the LDS Subdivision.
- § 42-103.28 Approving the plat of the Ashley Hill Subdivision.
- § 42-103.29 Approving the plat of the English Hills Resubdivision of the Chasteen Subdivision, a subdivision in the City of Rolla, Missouri.
- § 42-103.30 Approving the plat of the Dishman Subdivision, a resubdivision of Lots 1, 4, 5 and 8 of Block 64 of the County Addition in the City of Rolla, Missouri.
- § 42-103.31 Approving the plat of the resubdivision of Lots 12, 15-19 of the Scottsvale Subdivision, a subdivision in the City of Rolla, Missouri.
- § 42-103.32 Approving the plat of the resubdivision of part of Tracts 2 and 3 of the Heritage Heights Addition, an addition to the City of Rolla, Missouri.
- § 42-103.33 Approving the plat of the Marty Brown Subdivision, a subdivision in the City of Rolla, Missouri.
- § 42-103.34 Approving the plat of the M & M Subdivision, an addition to the City of Rolla, Missouri.
- § 42-103.35 Approving the plat of the Newcastle Place Plat No. 2 Subdivision, Phase 1, an addition to the City of Rolla, Missouri.
- § 42-103.36 Approving the plat of the Vienna Oaks Subdivision, an addition to the City of Rolla, Missouri.
- § 42-103.37 Approving the plat of the Chrysler Addition, a resubdivision of part of Lots 68 and 77 of the Railroad Addition, an addition to the City of Rolla, Missouri.
- § 42-103.38 Approving the plat of the Ponzer Fourth Addition, an addition to the City of Rolla, Missouri.
- § 42-103.39 Approving the plat of the Dogwood Trail No. 2 Subdivision, a resubdivision of Lot 1 of Dogwood Trail No. 1 subdivision.
- § 42-103.40 Approving the plat of the Raymond Bartle Subdivision.
- § 42-103.41 Approving the plat of the Newcastle Place Plat No. 3 Subdivision.
- § 42-103.42 Approving the replat of Lot 56 of the Ponzer Second Addition.
- § 42-103.43 Approving the plat of the Payne Subdivision.
- § 42-103.44 Approving the plat of the Frontier Subdivision.
- § 42-103.45 Approving the Poe's Subdivision, a subdivision of Block 9, of a part of James Addition to the City of Rolla, Missouri.
- § 42-103.46 Approving the plat of the "Spring Crest" Subdivision.
- § 42-103.47 Approving the resubdivision of Lots C-1 through C-5 of the resubdivision of Tract A, B and C of the Newcastle Place, Plat No. 1.
- § 42-103.48 Approving the plat of Johns Acres Subdivision Plat No. 1.
- § 42-103.49 Approving the Old Power Plant Addition, a resubdivision of part of Block 8, Rolla Mill Addition.
- § 42-103.50 Approving a resubdivision of Lots 58, 59 and 60 of the Forum Subdivision.
- § 42-103.51 Approving the plat of Victoria Hills Subdivision Plat No. 1.
- § 42-103.52 Approving the plat of Westen Ridge Subdivision, a subdivision in Lots 24 and 25 of Railroad Addition.
- § 42-103.53 Approving the plat of Forsyth Addition.
- § 42-103.54 Approving the plat of Ware Addition, a resubdivision of part of Tract No. 4 Heritage Heights Addition.
- § 42-103.55 Approving the plat of Scottsvale Manor, a resubdivision of Lots 25-30 and 38-75 of the amended subdivision plat of Scottsvale Subdivision.
- § 42-103.56 Approving the plat of Carolyn Estates, a subdivision in part of Lot B of a resubdivision of a portion of Tract 7 of Forum Lakes, and a part of Tract 8 of Forum Lakes.
- § 42-103.57 Approving the plat of Richfountain Place Plat No. 2 (Chapman).
- § 42-103.58 Approving Blue's Lake Plat No. 1.
- § 42-103.59 Approving the plat of Rolla Federal Credit Union Subdivision, a resubdivision, in Part of Tract 2 of the Forum, and in the SE 1/4, SEC. 1, T37N, R8W, Rolla.
- § 42-103.60 Approving the plat of Victoria Hills Plat No. 2. (Snelson/Harlan)
- § 42-103.61 Approving the plat of Blue's Lake Parkway, a road in the Southwest Quarter of Section 10 and the Northwest Quarter of Section 15, Township 37 North, Range 8 West. (Dietzmann)
- § 42-103.62 Approving the plat of Habitat for Humanity Addition, a resubdivision of Lots 5 through 8, Block 3 of Hargis Addition, and part of vacated Seventh Street. (Phelps County Habitat for Humanity, Inc.)
- § 42-103.63 Approving the plat of Rhodes Subdivision No. 1. (Vernon E. Rhodes Family)
- § 42-103.64 Approving the plat of Oak Knoll South Plat No. 1 (Morgan).
- § 42-103.65 Approving the plat of Bradford Subdivision, a resubdivision of Lots 1 and 4 of Block 3 of Newmans Addition (Bradford)
- § 42-103.66 Approving the plat of Ryan's Acres, a subdivision in the SW 1/4 SW 1/4, Sec. 10, T37N, R8W Rolla Missouri.
- § 42-103.66.1 Approving the plat of Copperfield Subdivision, a resubdivision of Part of Block 42 of Bishop's Addition, Rolla (Bennish/Vessell).
- § 42-103.66.2 Approving the plat of Oak Knoll South Plat No. 2, a subdivision in the SW 1/4 SE 1/4 Sec 13, T37N, R8W, Rolla (Morgan).
- § 42-103.66.3 Approving the plat of Richfountain Place Plat No. 3, a resubdivision of Lot B of Richfountain Place Plat No. 2 (Chapman).
- § 42-103.66.4 Approving the plat of Hickory Hills Plat No. 2, a resubdivision of Lots 23, 24, 25, 26 and West 1/2 of Lot 27 of Hickory Hills, Rolla (Powell Lumber Co.).
- § 42-103.66.5 Approving the plat of Marty Brown Subdivision Plat No. 2, a resubdivision of Lots 3 and 4 of Marty Brown Subdivision (Schweiss).
- § 42-103.67 Approving the plat of Victory Acres, a subdivision in the SW 1/4 SW 1/4, Sec. 10, T37N, R8W, Rolla, Missouri.
- § 42-103.68 Approving the plat of University Park Subdivision.
- § 42-103.69 Approving the plat of Hod's Hills Resubdivision of Lot 12 of Deer Crossing and a fractional part of Railroad Lot 87.
- § 42-103.70 Approving the plat of Vienna Oaks Subdivision Phase II, a resubdivision of Tract A of Vienna Oaks Subdivision - Phase I, a Resubdivision of Lot 15 and part of Lot 2, Railroad Addition.
- § 42-103.71 Approving the plat of Wild Rose Hill.
- § 42-103.72 Approving the plat of Municipal Acres No.1. (RMU).
- § 42-103.73 Approving the plat of Municipal Acres No. 2 (RMU).
- § 42-103.74 Approving the plat of Oak Knoll South Plat No. 3.
- § 42-103.75 Approving the plat of California Hills, a resubdivision of part of Tract 3C of resubdivision of Tract 3 of Forum Lakes.
- § 42-103.76 Approving the plat of Timber Creek.
- § 42-103.77 Approving the plat of Lot 14 of Forum Lakes Subdivision, a Planned Unit Development (PUD).
- § 42-103.78 Approving the plat of Winfard Subdivision.
- § 42-103.79 Approving the plat of Lowe's Rolla No. 1.
- § 42-103.80 Approving the plat of Pine Creek Commercial Park Plat No. 1.
- § 42-103.81 Approving the plat of Mid Missouri Credit Union.
- § 42-103.82 Approving the plat of Songbird Subdivision.
- § 42-103.83 Approving the plat of Richfountain Place Tract "C".
- § 42-103.84 Approving the plat of Country Aire Place.
- § 42-103.85 Approving the plat of Municipal Acres No. 3 (RMU).
- § 42-103.86 Approving the plat of Municipal Acres No. 4 (RMU).
- § 42-103.87 Approving the plat of Municipal Acres No. 5 (RMU).
- § 42-103.88 Approving the plat of C & M Properties Resubdivision (Kehoe).
- § 42-103.89 Approving Silverleaf Subdivision No. 2 (Sonshine Street Enterprises Inc.)
- § 42-103.90 Approving Park Place Replat (Brown).
- § 42-103.91 Approving Deer Crossing East Subdivision (Renick).
- § 42-103.92 Approving KD-S Gardens (Hall).
- § 42-103.93 Approving Robertson Subdivision No. 1 (Heartland Properties of Missouri L.L.C.)
- § 42-103.94 Approving the plat of Wild Horse Run Plat No. 1 (Sooter).
- § 42-103.95 Approving Blue's Lake Plat No. 2 (Dietzamann)
- § 42-103.96 Approving Linwood Estates Plat 1 (Holt).
- § 42-103.97 Approving Callen Subdivision (Callen).
- § 42-103.98 Approving Wild Horse Run Plat No. 2 (Sooter).
- § 42-103.99 Approving Harris Subdivision.
- § 42-103.100 Approving Country Ridge Subdivision (Huffman).
- § 42-103.101 Approving the Resubdivision of Lots 3-26 of Maxwell Subdivision (Ellis/Shanks).
- § 42-103.102 Approving Linwood Estates No. 2 (Holt).
- § 42-103.103 Approving the Resubdivision of Jordan's Pass No. 2 (Jordan).
- § 42-103.104 Approving Tri-C Subdivision II (Chapman).
- § 42-103.105 Approving Morgan's Hill (Morris).
- § 42-103.106 Approving the resubdivision of Lots 46-52 of University Park Subdivision (Hayes-Williams).
- § 42-103.107 Approving University Heights (Morris).
- § 42-103.108 Approving Leonard Sally Subdivision (Pietsch).
- § 42-103.109 Approving Shepherd Place Subdivision (Shepherd).
- § 42-103.110 Approving Hy Point Industrial Park North Plat No. 1 Subdivision (RCDC)
- § 42-103.111 Approving Rhodes Subdivision No. 2 (Rhodes).
- § 42-103.112 Approving Brewer Subdivision No. 1 (Brewer Science).
- § 42-103.113 Approving Charlotte's Acres (Barrack).
- § 42-103.114 Approving the Steak House Subdivision. (Hogan/Dietzmann)
- § 42-103.115 Approving Poe Subdivision II. (Poe)
- § 42-103.116 Approving Halifax Court Subdivision. (Moorkamp)
- § 42-103.117 Approving Blue's Lake Plat No. 3. (Dietzmann)
- § 42-103.118 Approving Hy Point Industrial Park South Plat No. 2 Subdivision. (Rolla Community Development Corporation)
- § 42-103.119 Approving Southside Plaza Subdivision. (Burrell)
- § 42-103.120 Approving Pope Place Subdivision. (Pope)
- § 42-103.121 Approving Deer Cove Subdivision. (Apostolic Pentecostal Church of Rolla)
- § 42-103.122 Approving Gracie Place Subdivision. (JRS Enterprises)
- § 42-103.123 Approving Tucker Place Subdivision. (Herrman/Voss)
- § 42-103.124 Approving Huntleigh Estates Subdivision. (Holt)
- § 42-103.125 Approving Deer Cove Subdivision amended Plat. (Apostolic Pentecostal Church)
- § 42-103.126 Approving Pope Plaza Subdivision. (Pope)
- § 42-103.127 Approving Guffey Subdivision. (Guffey Zumwalt L.L.C.)
- § 42-103.128 Approving Hy Point Industrial Park North Plat No. 2. (RCDC)
- § 42-103.129 Approving La Chateau Subdivision.
- § 42-103.130 Approving Raspberry Hill Subdivision.
- § 42-103.131 Approving Oak Knoll South Plat No. 4.
- § 42-103.132 Approving Frueh Estates (Frueh).
- § 42-103.133 Approving Stuart's Little Subdivision (Baur/Hahn).
- § 42-103.134 Approving Rolla Investments Shopping Center Subdivision (Rolla Investments LLC).
- § 42-103.135 Approving Harris Subdivision No. 2 (Harris).
- § 42-103.136 Approving Country Trace Subdivision (Chapman).
- § 42-103.137 Approving Blue's Lake Plat No. 4. (Dietzmann).
- § 42-103.138 Approving Al West Chrysler Nissan Drive-In. (Al West Chrysler Nissan).
- § 42-103.139 Approving the resubdivision of Lots 33-38 of University Park Subdivision. (H&C Investments).
- § 42-103.140 Approving Heritage Heights Addition. (Beard, Deo and Davis).
- § 42-103.141 Approving Aldi Subdivision No. 2. (Investment Realty).
- § 42-103.142 Approving Lost Acres Subdivision. (Lortz).
- § 42-103.143 Approving Poe Subdivision III. (Poe)
- § 42-103.144 Approving Investment Subdivision. (Woessner)
- § 42-103.145 Approving Paul's Addition. (Coverdell)
- § 42-103.146 Approving I-44 Center. (Real Ventures)
- § 42-103.147 Approving Meadow Brook Subdivision #2.
- § 42-103.148 Approving Habitat for Humanity Second Addition. (Habitat for Humanity).
- § 42-103.149 Approving Paul’s Addition Replat of Lots 4, 6, 7, and 8. (Coverdell)
- § 42-103.150 Approving Lister Subdivision. (Lister)
- § 42-103.151 Approving John Brown Subdivision. (Brown)
- § 42-103.152 Approving Collegiate Station at Rolla. (Collegiate Station at Rolla LP Irving Texas)
- § 42-103.153 Approving Arwood Hills No. 1. (Chapman)
- § 42-103.154 Approving Brookridge South No. 1. (Chapman)
- § 42-103.155 Approving Subway Subdivision. (Banholzer)
- § 42-103.156 Approving Pebble Stone Planned Unit Development. (Forness)
- § 42-103.157 Approving Cowboy Subdivision. (James)
- § 42-103.158 Approving Mehta Estates. (Mehta)
- § 42-103.159 Approving Maxwell Subdivision. (Ellis/Shanks)
- § 42-103.160 Approving Calkins Addition. (Calkins)
- § 42-103.161 Approving Ronani Block Subdivision. (Block)
- § 42-103.162 Approving Brookridge South No. 2. (Chapman).
- § 42-103.163 Approving Basswood Subdivision. (Parkview Baptist Corporation).
- § 42-103.164 Approving Rolla Rural Fire No. 1. (Rolla Rural Fire Department)
- § 42-103.165 Approving Maxwell Subdivision Plat No. 3. (Development Contractors)
- § 42-103.166 Approving Ann Lee Estates. (Anderson)
- § 42-103.167 Approving Mid America Plat 1. (Mid America Bank & Trust Co.)
- § 42-103.168 Approving Event Center Subdivision. (Blues Lake Development LLC)
- § 42-103.169 Approving Wal-Mart Super Center Plaza III. (Wal-Mart)
- § 42-103.170 Approving Mid America Plat 2. (Mid America Bank and Trust)
- § 42-103.171 Approving Maxwell Subdivision Plat No. 4. (Development Contractors LLP)
Division 3 - Public Land Transfers
- § 42-104. Conveying real estate in the Rolla Industrial Park to Rolla Community Development Corporation.
- §§ 42-105 to 42-106. Reserved.
Division 4. Land Acquisition
- § 42-107. Accepting a tract of land as a public right-of-way from the Rolla Lions Club.
- § 42-108. Accepting a tract of land dedicated by Glen Brown for use as a public right-of-way.
- § 42-109. Authorizing the Rolla Municipal Utilities to purchase Lot 35, Resubdivision of Harvest Fields, in the City of Rolla, for constructing water wells.
- § 42-110. Accepting a tract of land from the Briarwood Condominium Association for use as a public right of way.
- § 42-111. Accepting a tract of land from the owners of Lot 110, Wedgewood Manor, for use as a public right of way.
- § 42-111.1 Accepting a strip of land for utility purposes.
- § 42-111.2 Accepting a tract of land as a public right of way from Frank B Powell Lumber Co. for widening of Lanning Lane.
- § 42-111.3 Accepting the dedication of a tract of land for use as a public right-of-way from the owners of Aldi Subdivision.
- § 42-111.4 Accepting the dedication of a tract of land for use as a public right-of-way for the North Extension of McCutchen Drive.
- § 42-111.5 Approving the condemnation or appropriation of private property for street widening and drainage improvements which necessitate property acquisition and easements over and through properties which are needed for the construction of sidewalk, curbing, and improved drainage.
- § 42-111.6 Approving the condemnation or appropriation of private property for sanitary sewer improvements which necessitate property acquisition and utility easements over and through properties which are needed for the construction of sanitary sewer improvements.
- § 42-111.7 Approving the condemnation or appropriation of private property for sanitary sewer, water and storm sewer improvements.
- § 42-111.8 Approving the condemnation or appropriation of private property for Lion's Club Drive Street improvements, Southview Drive Street improvements, flood protection systems improvements and public park improvements.
- § 42-111.9 Approving the condemnation or appropriation of private property for Lion's Club Drive Street improvements.
Division 5. Vacated Streets & Alleys
- § 42-112. Vacating a public alley located in block 59 of County Addition.
- § 42-113. Vacating a portion of Rucker Avenue.
- § 42-114. Vacating an alley situated in Block 43 of Bishop's Addition.
- § 42-115. Vacating a public alley located in Block 9 of Holloway Addition.
- § 42-116. Vacating a portion of Pine Street (Old Rolla-Vichy Road) lying immediately south of interstate 44.
- § 42-117. Vacating a portion of Stratford Lane in Woodcrest Estates Subdivision.
- § 42-118. Vacating a portion of a public street known as Keeney Court; retaining easement rights.
- § 42-119. Vacating a portion of State Street between Fourteenth Street and Sixteenth Street.
- § 42-120. Vacating utility easement in the Forum Commercial Resubdivision.
- § 42-121. Vacating portions of Fourteenth Street and State Street at the request of the University of Mo. at Rolla in exchange for new public right of way.
- § 42-122. Vacating the alley running North-South in Block 48 of Bishop's Addition to the City of Rolla.
- § 42-123. Vacating a portion of Whitehall Road and a portion of the Greentree Road Cul-De-Sac in the Fox Creek Resubdivision.
- § 42-124. Vacating Chris Court and certain easements shown on the plat of Forum Lakes Subdivision.
- § 42-125. Vacating a portion of Maple Street in the McEntees Addition.
- § 42-126. Vacating a portion of Coventry Lane.
- § 42-127. Vacating utility easement in Ann's Acres 2nd Addition to the city.
- § 42-128. Vacating a portion of Wakefield Drive.
- § 42-129. Vacating a portion of Park Street.
- § 42-130. Vacating a utility easement in the original Lakeview Addition.
- § 42-131. Vacating a portion of the alley running north-south in Block 42 of Bishop's Addition.
- § 42-132. Vacating a portion of Sheron Street in Newcastle Place 1 Subdivision.
- § 42-133. Vacating the alley running northeast-southwest between Block 11, Bishops 4th Addition, and Block 49, Bishops Addition.
- § 42-134. Vacating a portion of a utility easement and a water line easement adjacent to Williams Road.
- § 42-135. Vacating a portion of an unnamed stub street north of Lynwood Drive located between Lot 1 in Block 2, Ridgeview Subdivision and Lot 10 in Block 1 - Ridgeview Addition.
- § 42-136. Vacating Asher Street at its present location between 10th and 11th Streets and accepting the dedication of Asher Street to be constructed 276.99 feet east of its present location.
- § 42-137. Vacating utility easement in the resubdivision of Tract No. 2 Forum Lakes Addition.
- § 42-137.1 Vacating a waterline easement along north property line of 700 South Olive Street.
- § 42-137.2 Vacating Ninth Street between the Burlington Railroad tracks and Olive Street.
- § 42-137.3 Vacating an existing sanitary sewer easement and accepting a new sanitary sewer easement.
- § 42-137.4 Vacating utility easement in Lot A of Forum Commercial Resubdivision and accepting utility easement in said Lot A.
- § 42-137.5 Vacating a portion of 5th Street from Rolla Street east to Railroad Tracks.
- § 42-137.6 Vacating an alley adjacent to Lots 8 &9, Block 1 in the Townsend Addition.
- § 42-137.7 Vacating an alley in Block 16 of the Holloway Addition.
- § 42-137.8 Vacating a portion of Park Street between 9th Street and 10th Street.
- § 42-137.9 Vacating a portion of Sharp Road.
- § 42-137.10 Vacating an easement for an alley located in Block 87, Bishops Addition.
- § 42-137.11 Vacating an alley located in Block 8, of the Newmans Addition.
- § 42-137.12 Vacating an easement for an alley located in Block 45, Bishops Addition.
- § 42-137.13 Vacating an easement across land of Frank B. Powell Lumber Company, Inc.
- § 42-137.14 Vacating an existing utility easement and accepting a new utility easement.
- § 42-137.15 Vacating an existing utility easement and accepting a new utility easement.
- § 42-137.16 Vacating utility easement on Lot 38 in the Newcastle Place Plat No. 1 Subdivision.
- § 42-137.17 Vacating existing utility and sewer easements and accepting new utility and sewer easements.
- § 42-137.18 Vacating Fourth Street between Kroger's west property line and the Missouri State Highway 63 right-of-way.
- § 42-137.19 Vacating an as-platted 60-foot street right-of-way and accepting an as-built 60-foot street right-of-way located on the Cantex property in the Rolla Industrial Park.
- § 42-137.20 Mayor is authorized to exchange property by deed.
- § 42-137.21 Vacating an alley running north and south through Block 42 in Bishop's Addition.
- § 42-137.22 Vacating an easement for an alley located in Block 89 of the Bishops Second Addition.
- § 42-137.23 Vacating a street right-of-way easement located adjacent to Lots 1 thru 10 of the Heritage Height's Subdivision.
- § 42-137.24 Vacating a 6-foot easement for an alley located in Block 89 Bishop's Second Addition and also recorded in Bishops Third Addition.
- § 42-137.25 Vacating Ninth Street between Cedar and Olive Streets.
- § 42-137.26 Vacating a drainage easement across Lot 1 of Ramsey Place Subdivision.
- § 42-137.27 Vacating a portion of Third Street between Main Street and the Burlington/Northern Railroad right of way and a portion of Main Street between Second Street and Third Street and retaining a 15-foot wide utility easement.
- § 42-137.28 Vacating an alley running east and west, bounded by 12th Street, 13th Street, Spring Avenue and Poole Avenue.
- § 42-137.29 Vacating and dedicating sanitary sewer easements located across the K-Mart/Karsch outlot.
- § 42-137.30 Vacating and dedicating utility easements crossing the Chrysler Addition.
- § 42-137.31 Vacating the remaining portion of Ashwood Circle.
- § 42-137.32 Vacating utility easement between Lots 11 and 12 of the Ponzer Addition.
- § 42-137.33 Vacating a portion of Cypress Drive right-of-way adjacent to Lot 43 of the Ponzer Second Addition.
- § 42-137.34 Vacating a portion of the right-of-way at Bishop Avenue and Pine Street and deeding same to adjoining property owners.
- § 42-137.35 Vacating the south half of an alley between Lots 5 through 8, Block 35 Bishop's Addition.
- § 42-137.36 Vacating existing utility and sewer easements.
- § 42-137.37 Vacating and dedicating easements located in the Newcastle Place Plat No. 3 Addition.
- § 42-137.38 Vacating existing utility easement between Lots 116 and 117 of Ponzer 4th Addition.
- § 42-137.39 Vacating an easement in vacated Rolla Street between Fourteenth (14th) and Sixteenth (16th) Streets.
- § 42-137.40 Vacating a portion of Richard Drive, Scottsvale Drive and all of Sherwood Drive in the amended Scottsvale Subdivision.
- § 42-137.41 Vacating existing alley between lots 1-4 and 9-12 of Townsend Addition.
- § 42-137.42 Vacating 4th Street between Kroger's West property line and the west right-of-way of Beech Street.
- § 42-137.43 Vacating an existing drainage easement and accepting a new drainage easement on lots 15, 17 and 18 in Scottsvale Subdivision, a resubdivision of lots 12, 15-19.
- § 42-137.44 Vacating an existing utility easement in the vacated right of way of 9th Street between Cedar and Olive Street (First Baptist Church).
- § 42-137.45 Vacating existing utility easements and accepting new utility easements located at 511 South Highway 63. (Applebee's).
- § 42-137.46 Vacating all of 7th Street east of Holloway Street and south of Murry 2nd Addition and north of Block 3 of the Hargis Addition. (Phelps County Habitat for Humanity)
- § 42-137.47 Vacating an alley between Oak and Olive Street, North of Highway 72 and south of Phelps Avenue.
- § 42-137.48 Vacating Olive Street between platted Hickory Hills Drive and Christy Drive in Hickory Hills Subdivision, but retaining a utility easement as described (Powell).
- § 42-137.49 Vacating a 10 foot utility easement on the west side of Lot 84 in the Ponzer 3rd Addition at 908 Mallard Square (Giustra).
- § 42-137.50 Vacating all of the right-of-way of Leslie Drive in the Parkview Third Subdivision except the south 60 feet at the intersection of Basswood Drive (Young).
- § 42-137.51 Vacating a one foot right-of-way easement on the north side of Lot 1, Block 9 of Newman/s Addition (Woessner).
- § 42-137.52 Vacating an alley in Bishops Addition at 7th Street between Bishop and State Street.
- § 42-137.53 Vacating Bishop's Alley between 2nd Street and the Railroad right of way (Phelps County Commission.
- § 42-137.54 Vacating utility easements in Lots 17, 18, 22 and 23 of the plat of Forum Lakes and approving the utility easements as shown in the attached Exhibit A.
- § 42-137.55 Vacating the portion of Olive Street south of Christy Drive (Olive Street stub) and the southernmost fifteen (15) feet be retained for a utility easement (Senne/Whitecotton).
- § 42-137.56 Vacating an alley between Lots 1 &8 and 2 &7 of Block 17 in Schuman's Addition (Town and Country Bank).
- § 42-137.57 An ordinance vacating the portion of Iowa Street from 10th Street to a point 163 feet north of 7th Street and maintaining the vacated street as a utility easement (Rolla School System and the City of Rolla).
- § 42-137.58 Vacating part of original Pine Street right-of-way and the alley adjoining between Lots 3, 4, 9 and 10 of Block 17 Schuman's Addition (Town and Country Bank).
- § 42-137.59 Vacating the alley between 5th and 6th and Cedar and Olive Streets in Block 69 of County Addition (Elgin).
- § 42-137.60 Vacating the north half of the alley between 11th and 14th and Bishop Avenue and State Street, between Townsend and Ladd Subdivisions (UMR).
- § 42-137.61 Vacating the alley running north and south between 6th and 7th Street, on the east side of Block 10 of Bishops Fourth Addition and on the west side of Lot 2 of Copperfield Subdivision and maintaining the vacated alley as a utility easement. (Denny Ford Lincoln Mercury, Inc.)
- § 42-137.62 Vacating the alley between 5th and 6th Street and Main Street and Rolla Street and retaining the vacated alley as a utility easement. (Bahr)
- § 42-137.63 Vacating part of University Drive and State Street (UMR).
- § 42-137.64 Vacating Spring Avenue from University Drive south to the existing alley, a distance of approximately 170 linear feet. (UMR)
- § 42-137.65 Vacating utility easements located at the Southeast Corner of Highway 63 and Vichy Road. (Wallis Oil)
- § 42-137.66 Vacating an unnamed street in Meadowbrook Subdivision. (City of Rolla Public Works Department)
- § 42-137.67 Vacating Duane Avenue from 11th Street to Joyce Avenue. (Phelps County Regional Medical Center)
- § 42-137.68 Vacating existing utility and sewer easements.
- § 42-137.69 Vacating existing water easement.
- § 42-137.70 Vacating the east half of the Alley in Block 2 of Townsend Addition. (Dairy Queen)
DIVISION 1 GENERAL PROVISIONS
Sec. 42-22. Interpretation and Purpose.
The provisions of this Article, in their interpretation and application, shall be held to the minimum requirements adopted for the protection of the public health, safety, and welfare. The purpose of this Article is to regulate the subdivision of land as defined herein. The regulations are designed to provide for the safe, orderly, and economic use of transportation facilities; to facilitate orderly land use and layout; to ensure proper legal description and monumenting of subdivided land; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to facilitate the adequate provision of municipal services including streets, water, sewerage, electricity, parks, open space, schools, and other requirements; and to promote the development of affordable housing. (Ord. 3485)
Sec. 42-22.1. Authority and Scope.
The City Council enacts this Article pursuant to the authority conferred by Chapter 89.300 Revised Statutes of Missouri. The Planning and Zoning Commission of Rolla, Missouri, hereinafter referred to as the Commission, is hereby designated as the administrative agency charged with the duty of making determinations and investigations concerning the design and improvements in proposed subdivisions and for making recommendations to the City Council. The City Council shall approve or disapprove plats for the subdivision of land within the City. (Ord. 3799, §1)
This Article 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. It is not the intent of this Article to interfere with or impair existing provisions of other laws, ordinances or covenants, except those specifically repealed by this Article. Where this Article imposes greater restriction upon land than is imposed or required by such existing laws, ordinances, or covenants, the provisions of this Article shall control. (Ord. 3485)
Sec. 42-22.2. Conditions.
Regulation of the subdivision of land and the attachment of reasonable conditions is a valid exercise of the police power delegated by the State of Missouri to the City. The subdivider has the duty of compliance with reasonable conditions established by the Commission and City Council 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. The subdivision of land is a privilege conferred through these regulations to private property owners. (Ord. 3485)
Sec. 42-23. Application of Regulations and Enforcement
No person shall divide a lot, tract or parcel of land into two (2) or more lots, tracts, or parcels nor shall any person install a new street, alley, easement, water, sewer or electrical line or any other public improvement except in conformity with this Article; provided, however, that a real estate transaction involving the sale or exchange of a tract or parcel between contiguous platted properties, said tract or parcel sold or exchanged not being in excess of five thousand (5,000) square feet in area, where such sale or exchange does not create an additional lot(s), require any new public improvements or dedications, or violate provisions of the zoning code, shall be exempt from the requirements of this Article.
(1) Recording a Plat: No property description of any subdivision shall be entitled to be recorded in the county Recorder's office or have any validity until it shall have been approved in the manner prescribed herein. In the event any such un-approved property description is recorded, it shall be considered invalid and the City Attorney may cause proceedings to be instituted to have such plat or deed declared invalid. Recording of the property description approved in the manner herein prescribed shall be conclusive evidence of the validity of the subdivision.
(2) Sale of Land in a Subdivision: No owner or agent of the owner of any land located in the City shall transfer, sell, offer, or agree to sell any land by metes and bounds description or other reference when the sale, transfer, or development of the land would affect a subdivision of land within the meaning of this Article and before such land has been subdivided in accordance with these regulations and recorded in the office of the Recorder of Deeds of Phelps County.
(3) Permits: The Community Development Department shall not issue permits of any kind for improvement on land which do not meet the definition of "lot" as contained herein. For the purposes of constructing a building, permits may be issued for a tract or parcel of land consisting of two (2) or more contiguous lots or one lot and a portion of another lot and considered as a single lot if the proposed building(s) shall cross interior lot lines rather than being placed closer to a side, rear, or front lot line than otherwise allowed by ordinance.
(4) Public Improvements: The City and its Boards, Commissions and agents shall withhold all public improvements of whatever nature, including the furnishing or maintenance of streets, utilities and sewerage facilities from all subdivisions subject to this ordinance which have not been approved, and from all areas dedicated to the public which have not been accepted by the City Council, in the manner prescribed herein. Upon notice from the Community Development Director or the City Engineer to the Rolla Municipal Utilities of a violation of this ordinance, it shall be unlawful for the Utility to supply utility services to the subject property until properly subdivided as prescribed herein.
(5) Revision of a Plat. After Approval: 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. (Ord. 3485)
Sec. 42-24. Variances.
The Commission may approve a variance from the provisions of this Article where it finds that an undue hardship or practical difficulty may result from requiring strict compliance with this Article. A variance 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 Article. 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. (Ord. 3485)
Sec. 42-24.1. Conditions of Variance Approval.
No variance shall be granted by the Commission unless it is found that:
(1) The granting of the variance 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
(2) The conditions upon which the request for variance is based are unique to the property for which the variance is sought, are generally not applicable to other properties, and are not self-imposed; and
(3) 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 his land should the strict interpretation of these regulations be enforced.
(4) The variance will not in any manner abrogate the goals, objectives, or policies of the Rolla Comprehensive Plan. (Ord. 3485)
Sec. 42-24.2. Authority to Grant Variances.
The Commission shall be empowered to grant variances with respect to the improvements and the design standards relative to lot dimension and arrangement, street location, alignment, the location and alignment of easements, building lines and similar standards. The Commission may establish certain conditions on variance approval that will, in the judgment of the Commission, substantially secure the purpose of this Article. City Council shall review any denial for a variance or any conditions attached to a variance approval only upon a written appeal by an applicant and only upon the written record made before the Commission. (Ord. 3485)
Sec. 42-24.3. Variance Procedure.
Variances shall be reviewed in accordance with one of the following procedures:
(1) Requests for variances may be submitted concurrently with the preliminary plat or final plat if it is a minor subdivision and reviewed with the subdivision. The written variance request shall state precisely the provisions from which a variance is needed along with the reasons for the variance, particularly as the request relates to the conditions of variance approval.
(2) Requests for variances 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.
(3) Within thirty (30) days after Commission has acted on a variance, the City Council may elect to conduct an independent review of any variance request and may grant, reverse, modify, or affirm the decision by the Commission based on the conditions for variance approval. (Ord. 3485)
Sec. 42-24.4 Granting a variance to Sec. 42-24 relating to sidewalks and streets (Scott Family Investments, LLC.
That this variance shall be granted as stated above. (Ord. 3238, §1)
Sec. 42-25. Subdivision Application Procedure and Approval Process.
Before any plat shall be recorded or be of any validity, it shall have been presented to the Commission and approved by City Council as having fulfilled the provisions of these regulations and other applicable ordinances. The provisions of these regulations, unless otherwise stated, shall be administered by the Director. In the administration of these regulations, the Director shall:
(1) Receive and maintain current permanent records for all applications for subdivision approval. The Director shall, in conjunction with the City Engineer, review applications for completeness and substantial compliance with the subdivision regulations.
(2) Insure that copies of the subdivision regulations are available for public review and distribution.
(3) Provide such technical and consultative assistance as may be required by the Commission, City Council, and other agencies of the City in the exercise of their duties relating to these regulations. (Ord. 3485)
Sec. 42-25.1. Procedure for Minor Subdivision Approval.
The required submission of a preliminary plat may be waived for minor subdivisions as defined in this Article (see definition Sec. 42-33), as follows:
(1) The subdivider shall prepare a final plat together with any improvement plans and other supplementary material as prescribed herein. The Director, with input from the City Engineer, shall determine if the subdivision meets the standards for a minor subdivision.
(2) Submit to the Director, together with processing and recording fees, five (5) copies of the final plat plus one (1) original. The Director shall place the final plat on the Commission's agenda following review by City and utility companies’ staff.
(3) The Commission shall review the final plat and supplementary material and any recommendations from agencies or officials. The Commission may approve as submitted, approve with conditions, or disapprove the final plat. If disapproved, the Commission shall express its reasons for this action which shall become part of the official record.
(4) If approved as submitted or with conditions acceptable to the subdivider, then the final plat and supplementary material along with the record of the Commission proceedings shall be forwarded to the City Council for consideration. If approved by the City Council, the Director shall sign the final plat prior to its recording with the Recorder of Deeds of Phelps County.
(5) If disapproved, the subdivider may appeal to the City Council within ninety (90) days after Commission action. (Ord. 3485)
Sec. 42-25.2. Procedure for Major Subdivision Approval.
All land subdivision not otherwise classified as a minor subdivision shall be considered a major subdivision and subject to the procedures in this section. (Ord. 3799, §2)
(1) Sketch Plat: 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.
(2) Preliminary Plat: The applicant shall submit five (5) copies of the preliminary plat plus one (1) 8.5 x 11 copy to the Director who, upon determining that the preliminary plat is complete, shall place the application on the Commission's agenda. The Commission shall approve, conditionally approve, or disapprove the preliminary plat. In any case, a notation of the action taken, and the reasons therefore, shall be entered in the records of the Commission.
If approved with modifications which are not acceptable to the applicant or if disapproved, the applicant may within ninety (90) days appeal the actions of the Commission to the City Council. No person shall present testimony to the City Council which is substantially and materially different from that presented to the Commission, unless the party can demonstrate, with the approval of the Director that the introduction of such evidence before the Commission was not in good faith reasonably possible at the time of the Commission meeting. If the Director does not make this determination, the matter shall be referred back to the Commission for their review with the new information or evidence if it is found to be substantially or materially different from what had been presented. (Ord. 3799, §2)
(3) Effective Period of Preliminary Plat Approval: The approval of a preliminary plat shall be effective for one (1) year. The final plat must be submitted for approval within the one (1) year period or become null and void, except that the Commission may extend the effective period in six (6) month increments with the written request by the subdivider justifying the extension. The approved submission of a partial or phased final plat for a portion of a preliminary plat area shall validate the remainder of the preliminary plat for a one (1) year period.
(4) Final Plat: 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, drawn under the supervision of a registered professional engineer and attested to by his signature and seal, all in accordance with applicable standards. The final plat shall be in substantial conformance to the approved preliminary plat. Five (5) copies plus one (1) original reproducible plat, including processing and recording fees, shall be submitted to the Director who shall determine its completeness and substantial conformity. In addition, one (1) 8.5 x 11 or one (1) 11 x 17 copy of the final plat shall be submitted to the Director.
Computer source copies of the final plat and development plans prepared in Computer Assisted Drafting and Design (CADD) form that is compatible with the latest version of AutoCAD (.dwg format) used by the City shall be submitted to the City Engineer and the Rolla Municipal Utilities Engineering Department.
The final plat and any supporting materials shall be submitted to the City Council for their approval. The City Council may accept the final plat with or without any changes imposed by the Commission, or may reject the final plat if found to be inconsistent with any City ordinance. If accepted by the City Council, the Director shall sign and record the plat after all other signatures have been obtained. If rejected, the Director shall attach a statement to the plat outlining the reasons for such rejection for return to the applicant. 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. (Ord. 3485; Ord. 3799, §2)
Sec. 42-25.3. Phasing of Major Subdivision Plats Permitted.
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 Article 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. The Director, with input from the City Engineer, shall determine if the proposed phasing of the final plat satisfies these requirements. (Ord. 3485)
Sec. 42-25.4. Resubdivision of Minor or Major Subdivisions.
Resubdivision shall be required to change an approved or recorded final plat when such change will affect public right-of-way, areas reserved for public use, easements, or any lot line, dimension or bearing. However, the vacation of right-of-way, areas reserved for public use and easements dedicated to the City on the plat may be approved by the City Council pursuant to applicable regulations without resubdivision. (Ord. 3485)
Sec. 42-25.5. Cluster Subdivisions.
(1) Purpose: 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) Flexibility in the forms of property ownership and building types are allowed as long as only the uses in the particular zoning district are permitted;
(c) Procedures are established to assure adequate maintenance and restricted use of open space areas for the inhabitant's benefit only or for dedication to public use; and
(d) Procedures are established to assure adequate protection of existing and potential developments adjoining the proposed cluster subdivision.
(2) Cluster Subdivision Standards: The minimum size of a lot of record within a residential cluster subdivision shall be:
(a) Three-thousand (3,000) square feet in the R-R (rural residential district) and R-l (single family district);
(b) Two-thousand (2,000) square feet in the R-2 (two family district); and
(c) One-thousand (1,000) square feet in the R-3 (multi-family district).
(3) Cluster Open Space Requirements: 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. If privately owned, the subdivider shall provide documentation satisfactory to the Director, Commission and City Council that the appropriate legal arrangements have been or will be put in place to assure its maintenance and preservation.
(4) Cluster Subdivision Approval: Cluster subdivisions shall be considered as a major subdivision and shall be approved using the procedure outlined in Sec. 42-25.2., except that the sketch plan review shall be mandatory. The proposed cluster subdivision shall be consistent with the Rolla Comprehensive Plan and:
(a) Will be adequately served by essential public facilities and services such as streets, sewerage, public water and electric supply, police and fire protection, and storm water drainage structures; or the person responsible for the establishment of the proposed cluster subdivision will provide these facilities and services;
(b) Will provide usable and accessible open space for recreation or public use based on the size, shape, and topographic characteristics of the site; and
(c) Will include open space with significant and irreplaceable natural and manmade features. (Ord. 3485)
Sec. 42-26. Requirements for Improvements, Reservation and Design.
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. Subdivision lot lines shall conform to the municipal boundary lines when a subdivision abuts unincorporated land. (Ord. 3485)
Sec. 42-26.1. Subdivision Name.
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 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. (Ord. 3485)
Sec. 42-26.2. Streets.
(1) Conformity: The character, extent, width, grade, and location of all streets shall conform to the Official Map 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.
(3) Projection of Streets: When a new subdivision adjoins unplatted or undeveloped land, new streets shall be carried to the boundaries of such tract. 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.
All new subdivisions of twenty-five (25) lots or more shall be designed to provide at least two means of ingress and egress to the subdivision using a public street. The City Engineer may approve the use of dead-end streets abutting undeveloped property with the understanding that a connecting street will be constructed to provide ingress and egress once said abutting property is developed. (Ord. 3799, §3)
(4) Street Jogs Prohibited: Street jogs with centerlines offsets of less than one hundred fifty (150) feet shall be prohibited.
(5) 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 an outside roadway diameter of at least eighty-four (84) feet and 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.
(6) Marginal Access or Service Streets: Where a subdivision abuts or contains an existing arterial street or highway the Commission may require marginal access streets or other treatment as may be necessary for adequate protection of residential areas and to separate through and local traffic.
(7) 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.
(8) Street Widths: The right-of-way width required to be dedicated and the pavement width required to be constructed shall be:
| Street Type | Right of Way Width*** | Pavement Width**** |
|---|---|---|
| Cul-de-Sac | 50’ | 30’ |
| Lane* | 50’ | 30’ |
| Minor (Local)* | 50’ | 30’ |
| Collector** | 50’ | 34’ |
| Collector-Commercial | 60’ | 34’ |
| Arterial | 80’ | 34’ |
| Highway/Freeway | variable | variable |
| * Parking permitted on both sides of the street | ||
| ** Parking permitted on one side only. | ||
| *** Greater right-of-way widths may be required as determined by traffic projections made | ||
| by the City Engineer for commercial or industrial areas. | ||
| **** Measured from the back of the curb. | ||
(9) Low-Density Residential Subdivisions: In low-density, single-family residential subdivisions, pavement widths of minor streets not designed to accommodate through traffic may be reduced to twenty (20) feet. Sidewalks may not be required along minor streets. The City Engineer may waive requirements for curb and guttering if adequate provisions have been made for storm water drainage. The subdivision must comply with the following criteria:
- (a) Overall density may not exceed one (1) dwelling unit per two (2) acres.
- (b) Lot width abutting the street is not less than two hundred fifty (250) feet at the building line.
- (c) In all other respects, street paving and related public improvements shall be provided in accordance with the design standards contained or referenced herein.
(10) Intersections: Streets shall intersect one another at as near a ninety (90) degree angle as is possible. No intersection of streets at angles less than seventy (70) degrees 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.
(11) 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.
(12) 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.
(13) Street Grades: The subdivider shall provide the City Engineer with development plans and drawings which show the grades of all streets and curbs within each subdivision. Street grades shall not exceed five (5) percent for arterial streets, seven (7) percent for collectors, and nine (9) percent for minor or lesser streets. No street grades shall be less than one-half (1/2) of one (1) percent.
(14) 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 except under conditions approved by the Commission and City Council or for double or reversed frontage lots.
(15) Parallel Streets: Where a subdivision borders on or contains a railroad or a limited access street right-of-way, the Commission may require the construction of a parallel street on one (1) or both sides of such right-of-way, at a distance suitable for the appropriate use under present zoning of the intervening land. Such distances shall also be determined with due regard for the requirements of approach grade separation.
(16) Half-Street Prohibited: Half-streets shall be prohibited except where essential to the reasonable development of a subdivision in conformity with the other requirements of this Article and with the approval of the City Engineer. Wherever a half-street is adjacent to a tract to be subdivided, the other half of the street right-of-way shall be platted within such tract.
(17) Street Names and Numbers: Names of new streets shall not duplicate existing or platted street names unless the new street is a continuation of, or in alignment with, the existing or platted street. In such cases, it shall carry the name of the existing street. Names shall be easily spelled and pronounced. Street addresses shall be assigned in compliance with the addressing system of the City.
(18) Access to Streets Across Ditches: The subdivider shall provide access from all platted lots to all proposed streets across drainage or other ditches in accordance with standards of the Public Works Department.
(19) Street Vacations: The Commission shall not recommend the vacation of any street or part thereof of a dedicated street if such vacation will interfere with access to the public street of any abutting property or with the uniformity or improvement of the existing street system.
(20) Private Streets: Private streets are discouraged and may be permitted only where the City Council finds: (a) that private ownership, control and maintenance of street right-of-way is integral to the design and function of the subdivision; (b) provision has been made for the continuing and adequate maintenance of such streets; (c) there is evidence that the property rights, including rights of access of persons purchasing land within and adjacent to the subdivision, are safeguarded to the degree they would be protected if the streets were dedicated to the public; (d) the public interest and welfare is not jeopardized. Private streets shall be improved in accordance with City standards and specifications. (Ord. 3485)
Sec. 42-26.3. 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. (Ord. 3485)
Sec. 42-26.4. Utility Easements.
An easement for utilities shall be provided along the side and/or rear lot lines where necessary to form a continuous easement of at least ten (10) feet in width. 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 utility easement width of twenty (20) feet or greater may be required. Where possible, utility easements shall connect to easements already established in adjoining properties. Drainage easements of varying widths and locations for storm water management may also be required as determined by the City Engineer. The City and all authorized utility providers shall have ingress and egress rights to all dedicated easements. (Ord. 3485)
Sec. 42-26.5. Blocks.
Block lengths shall not exceed thirteen hundred twenty feet (1320) feet, nor be less than three hundred (300) feet, except as permitted by the Commission and City Council because of unusual conditions. Pedestrian crosswalks of not less than six (6) feet in width located in the center of the block may be required for blocks in excess of thirteen hundred twenty (1320) feet in length. A block shall be so designed as to provide two (2) tiers of lots. (Ord. 3485)
Sec. 42-26.6. Lots.
(1) Dimensions: Lot dimensions shall conform to the requirements of the zoning ordinance minimum standards, but may reflect greater area and lot widths. Building area lines shall be shown to establish required setback distances.
(2) Location: All lots, parcels, or tracts shall abut by their full 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 of sufficient width to accommodate emergency vehicles, to permit the installation of utilities, to provide access for public services, and that is not detrimental to the future subdivision of adjacent land. The easement shall be recorded as part of the platting process. In all cases, each individual lot, parcel, or tract shall be assured safe and reasonable vehicular access to and from an approved public street on an all weather surfaced private street or driveway constructed in accordance with Sec. 42-241. (Ord. 3799, §4).
(3) Lines: Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines.
(4) Corner Lots: Corner lots shall be provided extra width to permit required building setbacks.
(5) Flooding: Lots located entirely within Zone A, B, or C on the City's Flood Insurance Rate Map subject to periodic flooding 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 or used for human habitation. Lots or tracts subject to periodic flooding may be platted and dedicated for recreational use, open space, or other uses that will not increase the potential flood hazard in the drainage basin.
(6) Lot Remnants: All lot remnants below the minimum permitted size shall be added to adjacent lots, rather than permitted to remain as unusable parcels.
(7) Double Frontage and Reverse Frontage Lots: Double or reverse frontage lots shall be avoided, except where required to provide separation of development from highway or arterial streets or to overcome specific topographic disadvantages. A ten (10) foot strip shall be reserved in addition to any setback requirement, across which there shall be no right of access, along the lots abutting such highway or arterial for the construction of a solid fence or other improvement (including walls, plantings, berms, etc.). This strip shall be shown on the plat along with any required improvements. (Ord. 3485)
(8) 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 shall have a minimum width of forty (40) feet and not shorter than twenty-five (25) feet or longer than two hundred fifty (250) feet in length.
- (c) Flag lots shall not be further subdivided into additional lots unless a public right-of-way is dedicated and a street is constructed that meets City standards.
- (d) No more than one (1) flag lot may be platted from a single parcel or tract of land.
- (e) The building setback lines for flag lots shall be established on the building portion of the lot in accordance with the provisions of the particular zoning district. (Ord. 3799, §4).
Sec. 42-27. Dedication of Public Parks; Alternative Payment In Lieu of Parkland Dedication.
All residential lot splits of more than two (2) lots shall, as part of the final plat process, dedicate land or an equivalent fee-in-lieu payment for open space for 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. The City Council may waive park dedication or payment in lieu requirements for subdivisions targeted to providing affordable housing as determined by the Director. The area of such open space for public use shall be within the general area of the development or be of a community nature to serve the needs created by such development and shall meet the following requirements: (Ord. 3799, §5).
- (1) Topography: At least fifty (50) percent of the tract shall have a grade of less than four (4) percent. The balance may be covered with steep slope, streams, ponds, or other natural features.
- (2) Location: The tract shall have access on a public street. Consideration shall be given to placing parks where they can be added to by future subdivisions, or as an addition to an existing park.
- (3) Natural features: Desirable natural features such as mature trees or streams shall be preserved whenever possible and shown on the plat. The preservation and creation of ponds and wooded areas are to be encouraged.
- (4) Size and shape: The tract size and shape shall be considered in the decision to accept the land for dedication as a public park.
- (5) Approval: The Director and the Parks and Recreation Director shall recommend the tract as suitable for use as a public park under the requirements listed above before the plat shall be approved by City Council. The area of the tract shall be based upon a calculation using the following schedule:
- Single-family - 5.0% of total land area subdivided.
- Two-family - 5.0 % of total land area subdivided.
- Multi-family - 7.0 % of total land area subdivided.
- (6) Fee-In-Lieu Payment: When a determination is made that a fee is to be paid in lieu of land dedication, the Parks and Recreation Director shall recommend in writing to the Commission that a cash payment shall be paid by the applicant. The payment shall be calculated at a rate of twelve thousand two hundred dollars ($ 12,200) per acre for parkland based on the acreage requirements as calculated by the formula provided. Any fractional parts of an acre shall be prorated. All fee-in-lieu payments shall be deposited into the Parks and Recreation Land Escrow Account. The applicant shall deposit the required amount without recourse or the right of recovery. Such cash deposit shall be made prior to the recording of the subdivision plat and the issuance of any building permits.
- (7) Resubdivision: Any lands resubdivided shall be subject to the requirements of this section, except that any lands previously dedicated or cash-in-lieu payments previously paid will be credited against the requirements mandated by this Section. (Ord. 3485; Ord. 3622, §2)
Sec. 42-28. Flood Areas.
Special provisions shall apply within Zone A on the City's Flood Insurance Rate Maps or Flood Hazard Boundary Maps, and within such parts of Zones B and C on said Maps as are required by the City Engineer to be protected. In these areas, subdivision proposals and other proposed development shall be reviewed to determine whether such proposals will be reasonably safe from flooding. Proposals shall be reviewed to assure that:
(a) All such proposals minimize potential flood damage;
(b) All public utilities and streets are located and constructed to minimize flood damage; and
(c) Storm drainage facilities to be provided shall conform to standards established for City street and storm drainage now or hereafter promulgated by the City Engineer or as adopted by City Council. (Ord. 3485)
Sec. 42-29. Subdivision Improvements.
The improvements required in any subdivision shall be in accordance with the following and shall conform to the City of Rolla "Standards and Specifications" which are hereby adopted as the design standards for the public improvements required by this Article.
(1) Streets and Alleys: The subdivider shall grade and pave all new streets and alleys (if any) within the subdivision. All streets shall be bound by curb and gutter, unless exempted. 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 Official Map, 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. (Ord. 3799, §6)
(2) Sanitary Sewers: The subdivider shall install sanitary sewer connections for each lot. When sanitary sewers are not available, the subdivider shall install within the subdivision capped sewer mains and house connections to each lot in addition to other required onsite sewerage facilities. Prior to final approval of the plat, the subdivider shall provide the City Engineer, for his approval, detailed construction plans for the proposed sanitary sewer system.
(3) Storm Sewers: 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.
(4) 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 before final plat approval by City Council. Monuments may be selected from the types described by the "Minimum Standards for Property Boundary Surveys" of the Missouri Department of Natural Resources, but shall be made of concrete. 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.
(5) Permits: The subdivider shall be responsible for obtaining all applicable permits or licenses from state and federal agencies for sanitary sewers, storm sewers, and all utilities.
(6) Sidewalks: Sidewalks may not be required on residential cul-de-sac (terminal) streets less then six hundred (600) feet in length. Sidewalks shall not be required in industrial subdivisions if zoned for that use or along State routes.
Where required, sidewalks shall have a minimum width of four (4) feet and shall be located at least three (3) feet from the edge of the curb. Sidewalks shall be installed as follows:
- (a) On one side of lanes and minor streets in subdivisions exceeding three (3) units per acre. The City Engineer shall designate on which side of the street the sidewalk shall be constructed.
- (b) On cul-de-sac streets, any required sidewalk shall either extend until it intersects with the bulb of the cul-de-sac, with a wheel chair ramp constructed to the street, or extended until it intersects with the first driveway within the bulb of the cul-de-sac.
- (c) On both sides of collector or arterial streets as shown on the Official Map or Major Thoroughfare Plan or as designated by the Commission.
- (d) The Commission may approve an alternative sidewalk plan, for example, 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.
- (e) The City Council may also waive sidewalk requirements in developments targeted to providing affordable housing as determined by the Director.
(7) Utilities: Utilities, including but not limited to water, sewer, natural gas, electric, and cable or telephone lines, shall be provided by the subdivider to the lots in accordance with the standards and specifications governing their installation as have been or are hereafter adopted by the City or respective utility companies. It shall be the subdivider's responsibility to repair any damage caused in the public right-of-way as a result of this work. As part of the subdivision process, all easements in, on or across the subdivision, which shall be requested in behalf of the City Engineer or the General Manager of the City Municipal Utilities, shall be granted and shown on the final plat.
(8) Underground Wiring: All electric, cable and telephone lines shall be installed underground, except those overhead distribution feeder lines necessary to serve that subdivision and in locations as approved by the City Engineer and Rolla Municipal Utilities. Cable switching enclosures, pad mounted transformers, and service pedestals may also be installed above ground where approved by the City Engineer and Rolla Municipal Utilities. The Commission may approve above ground installations in whole or in part for nonresidential subdivisions when documentation is provided that demonstrates the impracticability of such underground installation.
(9) Fire Hydrants: Fire hydrants shall be placed by the subdivider in accordance with the requirements of the City's Fire Chief, Rolla Municipal Utilities, and the state inspection bureau of Missouri. (Ord. 3485)
Sec. 42-30. Subdivision Improvement Guarantees.
Before the final plat of any subdivision is recorded, the subdivider shall provide for the improvements described in this Article to be extended to all lots shown on the final plat at no cost to the City. 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 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 insure that the improvements will be completed by the subdivider. 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 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 storm water facilities, be made and refuse to accept security for such improvements when he 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.
(d) For large subdivisions, the City Engineer may accept a bond or other agreement for less than the entire subdivision if the subdivider provides adequate assurances that all building permit requests will be confined to lots for which improvements will be provided under said bond or other agreement. (Ord. 3485)
Sec. 42-30.1. Release or Reduction of Security.
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 he has 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. (Ord. 3485)
Sec. 42-31. Access Criteria for Major Streets.
All existing tracts of record are guaranteed at least one driveway to a public street or right-of-way, either directly or by access easement, except as set forth below:
(1) Collector Streets: Access to existing properties fronting on collector streets is subject only to design and construction standards. However, when new tracts or lots are created through the subdivision process, residential lots accommodating less than five (5) dwelling units will not be allowed direct access to a collector street. For nonresidential subdivisions or mixed use developments, one (1) driveway shall be allowed for each two hundred (200) feet of frontage and shall, at a minimum, be located fifty (50) feet from the near right-of-way line of any intersecting street. Tracts less than two hundred (200) feet in width may share a common access with adjoining lots or take access from a minor street.
(2) Arterial Streets: Access to existing properties fronting on arterial streets is subject only to design and construction standards. When new tracts or lots are created through the subdivision process with frontage on an existing or proposed arterial street, access shall be limited to one (1) driveway for each two hundred fifty (250) feet of frontage. Driveway entrances shall be at least two hundred (200) feet from the near right-of-way line of any intersecting street. Tracts of less than two hundred fifty (250) feet in width must either share a common access with adjoining lots or take access from a minor or collector street.
(3) Highway Access: No direct access is allowed from any property to a highway unless no other direct access or indirect access (via easement) is available. All other properties will be required to take access from a minor, collector, or arterial streets. (Ord. 3485)
Sec 42-32. Specifications for Documents to be Submitted.
Applications and material submitted to the Director for processing under the provisions of this Article shall conform to the specifications prescribed herein. (Ord. 3485)
Sec. 42-32.1. Sketch Plats.
The sketch plat is intended to be conceptual in nature and, while accuracy and legibility are essential, the submission of detailed and finished plans is discouraged. Sketch plats should provide information sufficient to determine general compliance with this Article and other City regulations and policies. The sketch plat should include the property to be subdivided and all adjacent unplatted property under the same ownership, and shall comply with the following requirements:
(a) Three (3) copies of the sketch plat shall be submitted drawn to a scale of one hundred (100) feet to an inch, including 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. Metes and bounds description is not required.
(d) 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 manmade features that may impact development on or adjacent to the site.
(e) The classification, location, dimensions, and name of all existing streets adjacent to the property shall be shown. The approximate location, width, and classification of proposed streets or alleys on or adjacent to the site shall be shown.
(f) Topography at intervals not to exceed two (2) feet based on U.S.G.S. data shall be shown.
(g) The approximate location and size of all existing sewer and water mains on or immediately adjacent to the site.
(h) The approximate location and size of existing and proposed culverts, storm sewers, impoundments and other storm water management facilities on or immediately adjacent to the site shall be shown.
(i) The approximate location, dimensions and configuration of all proposed or existing lots shall be shown.
(j) The approximate location and general layout of proposed water lines and sewage collection and disposal systems shall be shown. (Ord. 3485)
Sec. 42-32.2. Preliminary Plats.
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. Only technical changes should differentiate the preliminary from the final plat, although the final plat need not include topography. The preliminary plat shall include the property intended to be subdivided plus all immediately adjacent property owned by the same person. Five (5) copies of the plat shall be provided, drawn to a scale of at least one (1) inch equals one hundred (100) feet, (multiple sheets are acceptable). In addition, one (1) 8.5 x 11 copy of the preliminary plat shall be provided. Preliminary development plans should be, whenever possible, provided at the time the preliminary plat is submitted. (Ord. 3799, §7)
Sec. 42-32.3. Final Plats.
Once the preliminary plat is approved by the Commission, the applicant shall submit five (5) copies plus one (1) original of the final plat reflecting any required changes. In addition, one (1) 8.5 x 11 or one (1) 11 x 17 copy of the final plat with revisions shall be submitted. Copies of the final plat shall be delivered to the Director for distribution to City and utility company personnel. The final plat shall resemble in all material respects the preliminary plat, excluding topography, except that required changes or modifications shall be shown on the final plat.
Final development plans shall be submitted for review along with the final plat. Computer source copies of the final plat and development plans shall be prepared using Computer Assisted Drafting and Design (CADD) format that is compatible with the latest version of AutoCAD (dwg.format) used by the City. The development plans shall be filed within thirty (30) days following the submittal of the final plat. CADD files shall be submitted referenced to the Missouri Coordinate System of 1983 (Revised 1996) Standards of Practice No. 7.
(1) Building or Construction Permits: To be placed on the plat.
SPECIAL PLAT RESTRICTION AND RESTRICTIVE COVENANT AS TO THE ISSUANCE OF BUILDING OR CONSTRUCTION PERMITS. THE UNDERSIGNED OWNERS OF THE TRACT OF LAND HEREIN PLATTED DO HEREBY IMPOSE UPON SAID PROPERTY AND DO HEREBY MAKE THE FOLLOWING RESTRICTIVE COVENANT: NO CONSTRUCTION MAY BE COMMENCED UPON THE ABOVE DESCRIBED PROPERTY UNTIL ALL NECESSARY BUILDING AND CONSTRUCTION PERMITS HAVE BEEN ISSUED BY THE CITY OF ROLLA, MISSOURI AND THAT IT IS UNDERSTOOD BY THE UNDERSIGNED THAT NO SUCH PERMITS SHALL BE ISSUED FOR ANY LOTS HEREIN PLATTED UNTIL THE COMPLETION OF ALL PUBLIC IMPROVEMENTS APPERTAINING TO SUCH LOTS OR UNTIL A CASH BOND EQUAL TO THE REASONABLE COSTS OF COMPLETING SUCH PUBLIC IMPROVEMENTS HAS BEEN RECEIVED AND APPROVED BY THE CITY OF ROLLA, MISSOURI. THE ABOVE MENTIONED PUBLIC IMPROVEMENTS SHALL BE COMPLETED PURSUANT TO THE AGREEMENT BETWEEN THE UNDERSIGNED AND THE CITY OF ROLLA, MISSOURI FOR THE COMPLETION OF SUCH IMPROVEMENTS AS REQUIRED BY ARTICLE II, CHAPTER 42 OF THE CITY CODE OF ROLLA, MISSOURI.
(2) Surveyor's Certificate: To be placed on the plat.
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. (Ord. 3799, §8)
(3) Dedication: An express dedication to the public use forever the streets, alleys, rights-of-way, easements and any park land or open space to be dedicated to the public shall be shown on the plat with a notarized signature of the owner(s).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 DEDICATE 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 CONVEYED HEREIN, AND WARRANT GENERALLY AND SPECIFICALLY THE PROPERTY CONVEYED HEREIN FOR COMMON USE AND WILL EXECUTE SUCH FURTHER ASSURANCES AS MAY BE REQUIRED.
(4) Access Limitation: The following note shall be placed on all final plats where access 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. Appropriate release of such access limitation shall be included in the dedication on the plat.
(5) Improvement Acceptance: The acceptance 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.
(6) Planning and Zoning Commission Approval: The Chairman of the Planning and Zoning Commission and the Community Development Director shall sign the final plat to certify the Commissions approval:
APPROVED THE __________ DAY OF ______________. 20__, BY THE PLANNING AND ZONING COMMISION OF ROLLA, MISSOURI
(7) City and County Tax Release: The City of Rolla Finance Director and the Phelps County Collector of Revenues shall sign and date the final plat to certify that all taxes have been paid.
(8) Certificate of City Council Approval: The Mayor shall sign the final plat and his signature shall be attested by the City Clerk.
(9) Recorder's Certificate: The Recorder of Deeds for Phelps County shall sign the final plat upon recordation identifying the cabinet and file number of the plat. . (Ord. 3485)
Sec. 42-33. Definitions.
For the purpose of this Article, 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.
(1) Affordable Housing: The standard for defining affordable housing shall utilize the maximum home value or rental rate statistics used by the Missouri Housing Development Commission.
(2) Alley: A public way, which affords a secondary access point to an abutting lot.
(3) Arterial: A street that provides primarily for through traffic movement between areas and across the City.
(4) Block: A tract of land bounded by streets or a combination of streets and other rights-of-way, parks or similar uses.
(5) Building: Shall include any part thereof; includes the word structure.
(6) City: City of Rolla, Missouri.
(7) City Council: The City Council of Rolla, Missouri.
(8) City Engineer: The Public Works Department Director or his designee.
(9) Collector: A street that provides for traffic movement between arterials and minor streets.
(10) 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.
(11) Common Land: Land set aside for open space, including storm water 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.
(12) Contiguous Properties: Tracts or lots which abut one another along the side and/or rear lot lines.
(13) Cul-de-Sac: A street which terminates in a circular turnaround.
(14) Director: The Community Development Department Director.
(15) Easement: Authorized by a property owner for the use by another party, for a specified purpose, of any designated part of said property.
(16) 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.
(16A) Flag Lot: A lot with two (2) distinct portions described as follows:
- (a) Access portion. That portion of the lot having frontage on or abutting a public street, with frontage for a private drive to serve the building portion.
- (b) Building portion. That portion of the lot not fronting on or abutting a public street, but connected to a public street by the access portion of the lot. (Ord. 3799, §9)
(17) Local Street: See Minor Street.
(18) Lot: An undivided tract or parcel of land under one ownership having access to a street, which parcel is designated as a separate tract identified by a lot number if in a duly approved and recorded subdivision or by a metes and bounds description on a recorded instrument prior to November 1,1973.
(19) Minor Street: A street primarily providing direct access to abutting property and designated to accommodate low volume, low speed traffic.
(20) Major Subdivision: Any subdivision not classified as a minor subdivision.
(21) Minor Subdivision: Any subdivision containing not more than five (5) lots fronting on an existing City street or highway and not requiring the extension or improvement of any street.
(22) 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.
(23) 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.
(24) Person: See Owner.
(25) Preliminary Plat: The preliminary map, drawing, or chart indicating the proposed layout of the subdivision initially required in the subdivision process.
(26) 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.
(27) Setback or Building Line: A line specifically established upon the plat or established by the zoning code which identifies an area into which no part of a building shall project.
(28) Shall, May: The word "Shall" is mandatory and the word "May" is permissive.
(29) Subdivider: Any person commencing proceedings under this Article to effectuate a subdivision of land.
(30) Subdivision: The subdivision of land into two (2) or more lots, tracts or parcels for the purpose of ownership transfer or development, or, if a new street or easement of access is involved, any division of a land parcel. The term includes resubdivisions and Planned Unit Development.
(31) 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. (Ord. 3485)
Sec. 42-34. Processing Fees.
The Director is hereby authorized to charge up to the amount established in this Section for processing subdivision and variance applications, as follows:
(1) Final Plat: $ 100 for the first lot, plus $ 2 per lot over one.
(2) Subdivision Variance: $ 100
Recording fees shall be collected as determined by the Recorder of Deeds for Phelps County. . (Ord. 3485)
Secs. 42-35 to 42-44. Reserved.
DIVISION 1A CLOSED STREETS
Sec. 42-45. Closing of the First and State Streets bridge.
The closing and removal of the low water bridge at First and State Streets along with Carter Creek channel improvements is hereby authorized. (Ord. 3281, §1)
Secs. 42-46 to 42-48. Reserved.
DIVISION 2 ACCEPTANCE OF PLATS
Sec. 42-49. Forum commercial resubdivision in the Forum Addition.
That the plat of Forum Commercial Resubdivision, a resubdivision of Tract No. 1, and Tract No. 6 of a Resubdivision of lots 149 through 176, lot 182 through 199 and Tract No. 1 and Tract No. 2 of the "Forum," an addition to the City of Rolla, Missouri, by the owners, W.B. Heagler and Mathel Heagler, husband and wife, Gene Sally and Irene Sally, husband and wife, Harland Hauck and Linda Hauck, husband and wife, First State Bank, Incorporated, A Corporation, and Amcel Corporation, Incorporated, A Corporation, be and the same is hereby approved and accepted by the City of Rolla, Missouri. (Ord. 1955, §1, 2-9-76.)
Sec. 42-50. Sylvan Hills Subdivision One.
That the plat of Sylvan Hills Subdivision One, an addition to the City of Rolla, Missouri, consisting of Lot Twenty-One (21) in Railroad Addition to the City of Rolla, Missouri, as recorded in Book G, at page 5 in the office of the recorder of deeds of Phelps County, Missouri, which has this day been submitted to the city council of the City of Rolla, Missouri, by the owners, James Jensen and Velma Jensen, be and the same is hereby approved and accepted by the City of Rolla, Missouri. (Ord. 2084, §1, 2-13-78.)
Sec. 42-51. Eastmeadow Addition.
That the plat of Eastmeadow, an addition to the City of Rolla, Missouri, consisting of 61 building lots and three separate tracts, which has this day been submitted to the city council of the City of Rolla, Missouri, by the owner, Renick Enterprises, Inc., be and the same is hereby approved and accepted by the City of Rolla, Missouri. (Ord. 2096, §1, 4-4-78.)
Sec. 42-52. Presbyterian Manor Tract.
That the Presbyterian Manor Tract Plat, a copy of which is attached and made a part hereof as if set forth herein at length, be and the same is hereby adopted and approved by the city council of the City of Rolla, Missouri, and the mayor of the City of Rolla, Missouri, is hereby authorized to subscribe our approval of said plat. (Ord. 2108, §1, 8-7-78.)
Sec. 42-53. Forum Lakes Subdivision.
That the plat of Forum Lakes Subdivision, an addition to the City of Rolla, Missouri, being a subdivision of a fractional part of the SE1/4, a fractional part of Lots 1 and 2, all in the East half of Section 1, Twp. 37 N., Rng. 8 W., and a fractional part of the SE 1/4 of Sec. 36, Twp. 38 N., Rng. 8 W., in Phelps County, Missouri, which has this day been submitted to the city council of the City of Rolla, Missouri by the owners of said property, be and the same is hereby approved and accepted by the City of Rolla, Missouri. (Ord. 2135, §1, 2-12-79.)
Sec. 42-54. Brookridge Estate Addition, Tract No. 3.
(a) WHEREAS, Norman Chapman, Ceola Chapman, Gerald Maggi and Grace Maggi are the owners of a fractional part of lot 2 of the southwest quarter of Section 7, twp. 37 N., Rng. 7 W. in Rolla, Phelps County, Missouri, and have caused the same to be subdivided by plat known as the Brookridge Estate Addition, Tract No. 3, and
WHEREAS, the council has been advised by the city engineer that all ordinances and code requirements for approval of the plat have been satisfied by said owners, and that the same has the approval of the Planning and Zoning Commission.
(b) That the plat of the Brookridge Estate Addition, Tract No. 3, as presented to the city council on this date is hereby accepted and approved. (Ord. 2144, § 1, 3-12-79.)
Sec. 42-55. Ponzer Addition.
(a) WHEREAS, John P. and Bessie L. Ponzer are the owners of a portion of the north half of the southeast quarter of Section 13, township 37 north, Missouri, and have caused the same to be subdivided by plat known as the Brookridge Estate Addition, Tract No. 3, and
WHEREAS, the council has been advised by the city engineer that all ordinances and code requirements for approval of the plat have been satisfied by said owners, and that the same has the approval of the Planning and Zoning Commission.
(b) That the plat of the Ponzer Addition, as presented to the city council on this date is hereby accepted and approved. (Ord. 2260, § 1, 4-6-81.)
Sec. 42-56. Plat of Fox Creek.
(a) WHEREAS, Charles Blinne and J. Lynette Blinne, his wife, et al are the owners of a portion of a fractional part of lot 3 of the southwest quarter and a fractional part of lot 2 of the northwest quarter of Section 7, township 37 north, range 7 west in Rolla, Phelps County, Missouri, and have caused the same to be subdivided by plat known as Fox Creek, and
WHEREAS, the council has been advised by the city engineer that all ordinances and code requirements for approval of the plat have been satisfied by said owners, and that the same has the approval of the Planning and Zoning Commission.
(b) That the plat of Fox Creek, as presented to the city council on this date, is hereby accepted and approved. (Ord. 2289, §1, 11-16-81.)
Sec. 42-57. The plat of Vienna Woods
(a) WHEREAS, Herman Charles and Sharon Lee Maize are the owners of a portion of the northeast quarter of the northwest quarter of the northeast quarter of Section 2, township 37 north, range 8 west in Rolla, Phelps County, Missouri, and have caused the same to be subdivided by plat known as Vienna Woods, and
WHEREAS, the council has been advised by the city engineer that all ordinances and code requirements for approval of the plat have been satisfied by said owners, and that the same has the approval of the Planning and Zoning Commission.
(b) That the plat of Vienna Woods, as presented to city council on this date, is hereby accepted and approved. (Ord. 2342, § 1, 9-7-82.)
Sec. 42-58. Ledgerwood Estates.
(a) WHEREAS, Larry B. Marti and Patsy Marti are the owners of a portion of the southeast quarter of the northwest quarter of Section 13, township 37 north, range 8 west in Rolla, Phelps County, Missouri, and have caused the same to be subdivided by plat known as Ledgerwood Estates, and
WHEREAS, the Council has been advised by the city engineer that all ordinances and code requirements for approval of the plat have been satisfied by said owners, and that the same has the approval of the Planning and Zoning Commission,
(b) That the plat of Ledgerwood Estates, as presented to the city council on this date is hereby accepted and approved. (Ord. 2370, §1, 4-4-83).
Sec. 42-59. Pershing Village - Plat No. 1.
(a) WHEREAS, William Beasley and Harold Hall are the developers of a portion of a resubdivision of tract 4 of Heritage Heights, a subdivision of the City of Rolla, Missouri, and a fractional part of lot 3 of the southwest quarter of Section 6, township 37 north, range 7 west in Rolla, Phelps County, Missouri, and have caused the same to be subdivided by plat known as Pershing Village, Plat No. 1, and
WHEREAS, the city council has been advised by the city engineer that all ordinances and code requirements for approval of the plat have been satisfied by said developers and owners, and that the same has the approval of the Planning and Zoning Commission,
(b) That the plat of Pershing Village, Plat No. 1, as presented to the city council on this date, is hereby accepted and approved. (Ord. 2383, §1, 7-5-83).
Sec. 42-60. Poe Subdivision.
(a) WHEREAS, Gordon Poe is the developer of a fractional part of lot 56 in the Railroad Addition to the City of Rolla, Miss