SUBDIVISION
REGULATIONS
CHAPTER 425: SUBDIVISION REGULATIONS
ARTICLE I. GENERAL PROVISIONS
SECTION 425.010: JURISDICTION
These regulations shall apply to all land located within the City of Smithville, Missouri. (Ord. No. 712 §1-101, 3-13-78)
SECTION 425.020: PURPOSE AND INTENT
The purpose and intent of these regulations is to provide for the harmonious development of the community; to provide for the proper location and width of streets, building lines, open spaces, safety and recreation facilities, utilities, drainage and for the avoidance of congestion of population through requirements of minimum lot width, depth and area and the compatibility of design; to require and fix the extent to which and the manner in which streets shall be graded and improved and water, sewer, drainage and other utility mains and piping or connections or other physical improvements shall be installed; and to provide for and secure the actual construction of such physical improvements. (Ord. No. 712 §1-102, 3-13-78)
SECTION 425.030: APPLICABILITY
The owner or owners of any land located within the jurisdiction of these regulations subdividing said land into two (2) or more lots and blocks or tracts or parcels, for the purpose of laying out any subdivisions, suburban lots, building lots, tracts or parcels or any owner of any land establishing any street, alley, park or other property intended for public use or for the use of purchasers or owners of lots, tracts or parcels of land fronting thereon or adjacent thereto, shall cause a plat to be made in accordance with these regulations, unless exempted under Section 425.040. (Ord. No. 712 §1-103, 3-13-78)
SECTION 425.040: EXEMPTIONS
These regulations shall not apply in the following instances:
1. The division of land for agricultural purposes into parcels or tracts of five (5) acres or more and not involving any new streets or easements of access and not affecting major streets.
2. Land used for street or railroad right-of-way, a drainage easement or other public utilities subject to local, State or Federal regulations, where no new street or easement of access is involved.
3. Whenever any lot, parcel or tract of land located within the area governed by these regulations has been subdivided, resubdivided or replatted prior to December 12, 1966.
4. Any transfer by operation of law. (Ord. No. 712 §1-104, 3-13-78; Ord. No. 2609-08 §2, 2-5-08)
SECTION 425.050: RESTRICTIVE COVENANTS
The Planning Commission shall have the right to confer with the subdivider regarding the type and character of development that will be permitted in the subdivision and may require that certain minimum regulations regarding this matter be incorporated in the restrictive covenants. Such regulations shall be intended to protect the character and value of the surrounding development of the property which is being subdivided. (Ord. No. 712 §1-105, 3-13-78)
SECTION 425.060: APPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION PLATS
All plans, plats or replats of land laid out in building lots and the streets, alleys or other portions of the same intended to be dedicated for public use or for the use of purchasers or owners of the lots fronting thereon or adjacent thereto shall be submitted to the Planning Commission for its consideration and its recommendation shall be submitted to the Governing Body of the City for its official review and action. (Ord. No. 712 §1-106, 3-13-78)
ARTICLE II. ADMINISTRATION
SECTION 425.070: DUTIES OF THE SECRETARY OF THE PLANNING COMMISSION
A. Maintain permanent and current records with respect to these regulations including amendments thereto.
B. File copies of all preliminary and final plats together with application therefore upon receipt from the City Clerk.
C. Forward copies of preliminary and final plats to the Planning Commission.
D. Transmit final plat and Planning Commission recommendations to the Governing Body for its action.
E. Send notice of intent to plat to owners of record of unplatted land within two hundred (200) feet of property being considered for subdivision or resubdivision. (Ord. No. 712 §2-101, 3-13-78)
SECTION 425.080: DUTIES OF THE PLANNING COMMISSION
A. Review and approve, approve conditionally or disapprove preliminary plats within sixty (60) days after submission, review and approve, approve conditionally or disapprove final plats and transmit approved final plats to the Governing Body for final action, as required by Article VI of this Chapter.
B. Make other determinations and decisions as may be required of the Planning Commission from time to time by these regulations and by the applicable Sections of the Missouri Statutes. (Ord. No. 712 §2-102, 3-13-78; Ord. No. 2609-08 §3, 2-5-08)
SECTION 425.090: DUTIES OF THE GOVERNING BODY
A. Consider appeals from the decision of the Planning Commission on preliminary plats.
B. Consider Planning Commission recommendations on final plats and approve, approve conditionally or disapprove the final plat.
C. Take other actions as required from time to time including the consideration of amendments to these regulations. (Ord. No. 712 §2-103, 3-13-78)
ARTICLE III. DEFINITIONS
SECTION 425.100: DEFINITIONS
Definitions for the interpretation of these rules and regulations are as follows:
ALLEY: A public or private right-of-way which affords only a secondary means of access to abutting property.
BLOCK: A piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way or parks, etc., or a combination thereof.
CUL-DE-SAC: A vehicular turnaround which is located at the closed end of a dead-end street or alley.
DESIGN: The location of streets, alignment of streets, grades and widths of streets, alignment of easements, grades and widths of easements, alignment and rights-of-way for drainage and sanitary sewers and the designation of minimum lot area, width and length.
EASEMENT: A grant by the property owner to the public, a corporation or persons of the use of a strip of land for specific purposes.
FINAL PLAT: A plan or map prepared in accordance with the provisions of this regulation and those of any other applicable local regulation, which plat is prepared to be placed on record in the office of the Recorder of Deeds of the County.
GOVERNING BODY: The Board of Aldermen of Smithville, Missouri.
IMPROVEMENTS: Street work and utilities that are to be installed or agreed to be installed by the subdivider on the land to be used for public or private use of the lot owners in the subdivision and local neighborhood traffic, drainage needs and other improvements, as a condition precedent to the approval and acceptance of the final plat.
LOT: A portion of land in a subdivision or other parcel of land intended as a unit for transfer of ownership or for development.
OPEN SPACE: An area of land or water or combination thereof planned for passive or active recreation, but does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas or required front, rear or side yards.
PEDESTRIAN WAY: A right-of-way dedicated to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
PLANNING COMMISSION: The Smithville Planning and Zoning Commission.
PRELIMINARY PLAT: A map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it; this map need not be based on accurate or detailed final survey of the property.
SECRETARY: Secretary of the Planning Commission.
SETBACK LINE OR BUILDING LINE: A line on a plat generally parallel to the street right-of-way, indicating the limit beyond which building or structures may not be erected or altered, except as otherwise provided in the zoning regulations.
STREET: A right-of-way dedicated to the public use or a private right-of-way which provides principal vehicular and pedestrian access to adjacent properties.
SUBDIVIDER: A person, firm, corporation, partnership or association who caused land to be divided into a subdivision for himself or for others.
SUBDIVISION: The division of a tract of land into two (2) or more lots or parcels for the purpose of transfer of ownership or building development or, if a new street is involved, any division of a parcel of land. The term "subdivision" includes "resubdivision" and the term "resubdivision", as used herein, shall include any further subdivision of a lot or parcel of land previously subdivided, for sale, use or other purposes, which varies from the latest, approved plat of the same. (Ord. No. 712 §3-101, 3-13-78)
ARTICLE IV. MINIMUM DESIGN STANDARDS
SECTION 425.110: BLOCKS
A. Length. Intersecting streets (which determine block length) shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets in the neighborhood. In residential districts, where no existing plats are recorded, the blocks shall not exceed one thousand three hundred twenty (1,320) feet in length, except that a greater length may be permitted where topography or other conditions justify a departure from this maximum. In blocks longer than eight hundred (800) feet, pedestrian ways and/or easements through the block may be required near the center of the block. Such pedestrian ways or easements shall have a minimum width of ten (10) feet. Blocks for business use should normally not exceed six hundred (600) feet in length.
B. Width. In residential development, the block width shall normally be sufficient to allow two (2) tiers of lots of appropriate depth. In certain instances, however, a different arrangement may be required in order to provide better circulation or to protect a major circulation route. Blocks intended for business or industrial use shall be of such width and depth as may be considered most suitable for the prospective use. (Ord. No. 712 §4-101, 3-13-78)
SECTION 425.120: STREETS AND ALLEYS
A. Relationship To Adjoining Street Systems. The arrangement of streets in new subdivisions shall make provisions for the continuation of the principal existing street in adjoining additions (or their proper projection where adjoining property is not subdivided) insofar as they may be necessary for public requirements. The width of such streets in new subdivisions shall be not less than the minimum street widths established herein. Alleys, when required, and street arrangement must cause no hardship to owners of adjoining property when they plat their land and seek to provide for convenient access to it. Whenever there exists a dedicated or platted half street or alley adjacent to the tract to be subdivided, the other half of the street or alley shall be platted and dedicated as a public way.
B. Street Names. Streets that are obviously in alignment with other already existing and named streets shall bear the names of the existing streets.
C. Arterial Streets. Arterial streets through subdivisions shall conform to the major street plan as adopted by the Planning Commission and the Governing Body.
D. Local Streets. Local streets shall be so designed to discourage through or non-local traffic.
E. Cul-De-Sacs. An adequate turnaround right-of-way shall be provided at the closed end of a dead- end local street segment and in any case shall not be less than a one hundred (100) foot diameter. Such local street segments shall not exceed six hundred (600) feet in length from the intersection of a cross street to the juncture with the cul-de-sac.
1. All cul-de-sacs shall be constructed with a minimum radius of thirty-nine (39) feet to the back of curb in the following zoning districts: "A-1", "RS", "R-1", "R-2", "R-3", "R-4", "B-1" and "B-4".
2. All cul-de-sacs shall be constructed with a minimum radius of fifty (50) feet to the back of curb in the following zoning districts: "B-2", "B-3", "I-1" and "I-2".
3. All cul-de-sacs shall be constructed with a minimum radius of fifty (50) feet to the back of curb or the minimum radius as established by the Smithville Area Fire Protection District, whichever is greater.
F. Temporary Turnarounds. At locations where streets will be temporarily terminated and which will be extended at a later date and said street extends beyond the intersection of an adjacent street more than one hundred (100) feet or a private drive is located along said stub regardless of its length and/or the expected life of said street is longer than five (5) years, a temporary cul-de-sac shall be constructed with a minimum radius of thirty-five (35) feet. The temporary turnaround shall be constructed of asphaltic concrete with a minimum depth of eight (8) inches. Curb and gutter will not be required. The turnaround shall be constructed within the limits of a temporary easement. A five (5) year performance bond as stipulated in Article VIII, Smithville Subdivision Regulations, Section 425.310 "Required Improvements" shall be required to cover the costs of these improvements.
G. Right Angle Intersections. Under normal conditions, streets shall be laid out to intersect, as nearly as possible, at right angles. Where topography or other conditions justify a variation from the right angle intersection, the minimum angle shall be sixty degrees (60°).
H. Streets Adjacent To A Railroad Right-of-Way, Limited Access Freeway, Principal Highway. Where lots front or side, but do not back on railroad rights-of-way, limited access freeways or principal highways, a marginal access street or frontage road may be required parallel and adjacent to the boundary of such rights-of-way. The distance from said rights-of-way shall be determined with due consideration to minimum distance required for approach connections to future grade separated intersections.
I. Half-Streets. Half-streets shall be avoided, except for arterial streets and collector streets where applicable or where they are essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; or, when the Planning Commission finds that it will be practicable to require the dedication of the other half of the street when the adjoining property is subdivided. Whenever a half-street or portion thereof is existing and adjacent to a tract to be subdivided, the other half of the street shall be based on minimum requirements as set forth in Subsection (K) of this Section and shall be platted within such tract.
J. Alleys. Alleys may be required in commercial, industrial and residential areas. Dead-end alleys shall be avoided, wherever possible; but if unavoidable, such alleys shall be provided with adequate turnaround facilities at the dead end.
K. Minimum Requirements. The right-of-way grades, horizontal curves and vertical curves, for streets and alleys dedicated and accepted, shall not be less than the minimum for each classification as follows:
1. Arterial streets.
a. Minimum right-of-way width 80 feet
b. Maximum gradient 6%
c. Minimum radii of horizontal curves 500 feet
d. Minimum sight distance on vertical curves 350 feet
2. Collector streets.
a. Minimum right-of-way width 60 feet