Marshfield City Zoning Code
CHAPTER 425
Subdivision Regulations
Section 425.010 Purpose and Authority.
[R.O. 2014 §425.010; Ord. No. 202 §101, 11-14-1967]
The purpose of this Chapter is to provide requirements for the coordinated development of the municipality; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the City plan or official map of the municipality; for adequate open spaces for traffic, recreation, light and air; for a distribution of population and traffic; to provide the extent and the manner in which the streets of the subdivision or any designated portions thereto shall be graded and improved; to provide requirements as to the extent and manner of the installation of all utility facilities; and to provide a method for approval of plats of subdivisions; all of which is adopted under the authority granted by the Revised Statutes of Missouri, and in particular Sections 89.300 to 89.490 RSMo., inclusive.
Section 425.020 Jurisdiction.
[R.O. 2014 §425.020; Ord. No. 202 §102, 11-14-1967]
A.
These regulations shall apply to the following forms of subdividing and re-dividing of land within the jurisdiction of the Marshfield Planning Commission in accordance with the Major Street Plan adopted as part of the Comprehensive Development Plan of Marshfield, Missouri.
1.
The division of a lot, tract or parcel of land into two (2) or more lots, tracts or other division of land for the purpose of sale or of building development, whether immediate or future, including the re-subdivision or re-platting of land or lots.
2.
The dedicating, vacating, or reserving of a public or private easement through any tract of land regardless of the area involved, including those for use by public and private utility companies.
3.
The dedicating of any street or alley through any tract of land regardless of the area involved.
4.
No person, owner, agent shall record in the office of the Recorder of Deeds, any plat or subdivision of any lands within the jurisdiction of Marshfield until such plat has been approved in conformity with the provisions herein set forth.
Section 425.030 Definitions.
[R.O. 2014 §425.030; Ord. No. 202 §103, 11-14-1967; Ord. No. 1293 §1, 8-9-2007]
For the purposes of these regulations, the following words, terms or phrases shall have the following meanings.
A dedicated right-of-way for public use giving secondary vehicular access to properties otherwise abutting a street.
A series of lots entirely surrounded by public rights-of-way, railroad rights-of-way, parks, greenstrips or open land.
City Legislative Body of Marshfield.
A line indicating the set-back requirements on certain major streets in the City of Marshfield.
Is the City of Marshfield.
A sewage vault, septic tank and lateral field, sewage treatment plant, sewage lagoon or other sanitary means of disposing of waste materials, with the right of unrestricted use by two (2) or more occupants of separate lots.
A well or other sanitary source of water for human consumption, with the right of unrestricted use by two (2) or more occupants of separate lots.
See "SUBDIVIDER".
A grant by the property owner to the public, a corporation, partnership, or persons, of the use of a strip of land for specific use.
A light detection and ranging technology used to create high-resolution models of ground elevations (contour mapping).
[Ord. No. 2081, 5-25-2023]
A subdivision of a parcel of land intended for development or transfer of ownership, whether immediate or future.
A lot located at an intersection abutting two (2) or more streets.
City Planning and Zoning Commission of Marshfield.
A map of land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications and acceptance, and with complete bearings and dimensions of all lines defining lots and blocks, streets, alleys, public areas and other dimensions of land.
A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.
A privately owned and maintained road, allowing access to more than one (1) parcel, or lot, and built per City of Marshfield street specifications.
[Ord. No. 2084, 5-25-2023]
A privately owned and maintained road, allowing access to more than one (1) parcel, lot, or residence.
[Ord. No. 2056, 11-3-2022]
A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place, or however otherwise designated.
A street designed for, or used primarily for, fast or heavy traffic.
A street designed for, or used primarily to carry traffic from minor streets to the major street system (arterials, etc.) including the principal entrance streets of residential development.
A minor street having one (1) end open to vehicular traffic and having one (1) closed end terminated by a turn-around.
A minor street auxiliary to and located on the side of a major or arterial street for service to abutting properties and adjacent areas and for control of access.
A street designed for or used primarily for access to abutting properties.
Any street not dedicated to the City or County as a public thoroughfare.
Any person, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land as herein defined.
The division of a parcel of land into two (2) or more lots or other divisions of land, including re-subdivision, and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
Section 425.040 Pre-Application.
[R.O. 2014 §425.040; Ord. No. 202 §§200 — 202, 11-14-1967; Ord. No. 1664, 6-18-2015]
A.
Procedure. A pre-application meeting is required prior to submission of a preliminary plat. This must be scheduled by the subdivider or his/her representative with the appropriate City staff. During pre-application proceedings of the general features of the subdivision, its layout, facilities and required improvements shall be determined to the extent necessary for preparation of the preliminary plat. Pre-application proceedings shall be properly documented in writing and copies of such documentation shall be furnished to the subdivider and the Planning and Zoning Commission with preliminary plat request provided by a licensed professional surveyor, architect or engineer.
B.
Plans And Data.
1.
He/she shall outline and describe the existing conditions of the site and the proposed development to supplement the drawings and sketches required in this Section.
2.
A general location map shall be prepared and submitted and shall show the proposed subdivision and its relationship to existing community facilities. Such location map shall show the location and name of the subdivision, existing main traffic arteries, public transportation lines, schools, parks, playgrounds, high pressure gas lines, power lines and any other significant physical features.
3.
A sketch plan shall be prepared and submitted showing the proposed layout of streets, lots and other features in relation to existing utilities and other conditions in a form that clearly illustrates the subdivider's request.
4.
Within five (5) days of the review of the pre-application plan the subdivider shall be informed by City staff whether such plans and the data submitted meet the objectives of these regulations. If City staff find the plans and data do not meet the objectives of these regulations, it shall express its reasons therefor.
Section 425.050 Preliminary Plat.
[R.O. 2014 §425.050; Ord. No. 202 §§300 — 303, 11-14-1967]
A.
Procedure. On reaching conclusions as recommended in the preapplication, regarding his/her general program and objectives, the subdivider shall have prepared a Preliminary Plat, together with improvement plans and other supplementary requirements in conformance with Section 425.070 of these regulations. All preliminary plats and supplementary materials specified shall be submitted at least ten (10) days prior to the next regular meeting of the Planning Commission as follows:
1.
Five (5) copies shall be submitted to the Planning Commission.
2.
Within sixty (60) days after the submission of a plat to the Commission, the commission shall approve or disapprove the plat; otherwise the plat is deemed approved by the Commission, except that the Commission, with the consent of the applicant for the approval, may extend the sixty (60) day period. The ground of disapproval of any plat by the Commission shall be made a matter of record. If approved, the Planning Commission shall express its approval as Conditional Approval and state the conditions of such approval, if any. If disapproved, the subdivider shall be notified of the reason for such action and what requirements shall be necessary to meet the approval of the Planning Commission. The action of the Planning Commission shall be noted on three (3) copies of the preliminary plat with any conditions attached. One (1) copy shall be returned to the subdivider and the other two (2) retained by the Planning Commission.
3.
The Planning Commission shall forward copies of the Preliminary Plat to the Board of Aldermen for its review.
4.
Conditional approval of the preliminary plat shall not constitute approval of the final plat, but rather it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the Planning Commission, and for recording upon fulfillment of the requirements of these regulations and the conditions of the conditional approval, if any.
5.
Prior to the approval of the preliminary plat, the Planning Commission may require due consideration by the subdivider for dedication or reservation of suitable sites for schools, parks, playgrounds, or other public recreational areas or open spaces. Any areas so dedicated or reserved shall conform as nearly as possible to the recommendations of the Planning Commission in its Comprehensive Development Plan of the City.
B.
Requirements.
1.
The scale of the preliminary plat shall not be less than one (1) inch equals one hundred (100) feet on a sheet of sufficient size.
2.
The preliminary plat shall contain the following information:
a.
Proposed name of subdivision. Names shall not duplicate or closely resemble names of existing subdivisions.
b.
Location of boundary lines in relation to section, quarter section or quarter-quarter section lines and any adjacent corporate boundaries, comprising a legal description of the property.
c.
Names and addresses of the developer and the surveyor or landscape architect making the plat.
d.
Date, north point and scale.
3.
Existing conditions which shall be shown.
a.
Locations, width and name of each existing or platted street or other public way, railroad and utility right-of-way, parks and other public open spaces, and permanent buildings, within or adjacent to the proposed subdivisions.
b.
All existing sewers, water mains, gas mains, culverts, or other underground installations within the proposed subdivision or immediately adjacent thereto, with pipe size, grades and locations shown.
c.
Names of adjacent subdivisions and owners of adjacent parcels of unsubdivided land.
d.
Topography with contour intervals of not more than five (5) feet; also the locations of water courses, ravines, bridges, lakes, wooded areas, approximate acreage, and such other features as may be pertinent to the subdivision of the property.
e.
Subsurface conditions on the tract if deemed necessary by the Planning Commission.
4.
Proposed development which shall be shown.
a.
The location and width of proposed streets, roadways, alleys and easements.
b.
The location and character of all proposed public utility lines, including sewers (storm and sanitary), water, gas and power lines.
c.
Layout, numbers and approximate dimensions of lots.
d.
Location and size of proposed parks, playgrounds, churches, or school sites or other special uses of land to be considered for dedication to public use, or to be reserved by deed of covenant for the use of all property owners in the subdivision and any conditions of such dedication or reservation.
e.
Building lines with dimensions if required.
f.
Indication of any lots on which use other than residential is proposed by the subdivider.
g.
Any protective covenants proposed by the subdivider.
h.
Front yard set-back lines according to this Title.
C.
Supplementary Requirements. A copy of profiles shall be furnished for each proposed street, showing existing grades and proposed approximate grades and gradients on the centerline of the street. The location of proposed culverts and bridges shall also be shown.
Section 425.060 Final Plat.
[R.O. 2014 §425.060; Ord. No. 202 §§400 — 403, 11-14-1967]
A.
Procedure. The final plat shall conform substantially to the preliminary plat as approved, and if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he/she proposes to record and develop at the time, provided that such portion conforms with all the requirements of these regulations. Such final plat shall be prepared by a registered engineer, surveyor or other person approved in advance by the Planning Commission.
At least five (5) copies of the final plat shall be submitted to the Planning Commission at least ten (10) days prior to the meeting at which it is to be considered.
B.
Requirements. The final plat shall be clearly and legibly drawn at a scale of one (1) inch to one hundred (100) feet. The following information shall appear on the final plat.
1.
The name of subdivision (not to duplicate or closely approximate the name of any existing subdivision).
2.
Location by section, township, range, County and State, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close. The allowable error of closure on any portion of a final plat shall be one (1) foot in five thousand (5,000).
3.
The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments or the nearest established street lines, including true angles and distances to such reference points or monuments. Monuments shall be located at the corners of all blocks and shall be of a material and size specified by the City.
4.
Location of lots, streets, public highways, alleys, parks, and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angles, points and points of curve to lot lines.
5.
Lots shall be numbered clearly and in the center of each lot. If blocks are to be numbered or lettered, these should be shown clearly in the center of the block.
6.
The exact locations, widths, and names of all streets to be dedicated.
7.
Location and width of all easements to be dedicated.
8.
Boundary lines and description of boundary lines of any areas other than streets and alleys which are to be dedicated or reserved for public use.
9.
Setback lines on front and side streets with dimensions.
10.
Name and address of developer and (or) owner and surveyor making the plat.
11.
Scale of plat (the scale to be shown graphically and in feet per inch), date and north point.
12.
Statement dedicating all easements.
13.
Statement dedicating all streets, alleys and other public areas not previously dedicated.
14.
Certification by registered engineer or surveyor that details of the plat are correct.
15.
Certificate of approval by Planning Commission.
16.
Such other certificates, affidavits, endorsements or dedications as may be required by the Planning Commission in the enforcement of this Chapter.
17.
Certificate of approval of the Board of Aldermen.
18.
Reference to protective covenants on subdivision or property, if any.
C.
Supplementary Requirements.
1.
In addition to the final plat, such cross-sections and profiles of streets and drainage, showing grades, as required by the Planning Commission or Board of Aldermen shall be submitted.
2.
Upon filing of the final plat the subdivider shall pay a fee of one dollar ($1.00) per lot or seventy-five dollars ($75.00), whichever is lesser, but in no case shall the fee be less than twenty-five dollars ($25.00).
Section 425.070 Design Standards.
[R.O. 2014 §425.070; Ord. No. 202 §§500 — 509, 11-14-1967; Ord. No. 720 §§1 — 2, 11-10-1994; Ord. No. 1300 §1, 8-9-2007]
A.
Design Standards. The following shall be considered as minimum requirements and will ordinarily be varied by the Planning Commission only under conditions and circumstances set forth in these regulations.
1.
Land shall be suited to the purpose for which it is to be subdivided and its proposed use shall be in accordance with the requirements of any zoning ordinance.
2.
Proposed subdivision shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.
B.
Streets. The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to proposed uses of the land served by such streets and design standards of streets shall conform to the provisions found herein.
1.
The arrangement of streets in a subdivision shall either provide for the continuation or appropriate projection of existing principal streets in surrounding area, or conform to a plan for the neighborhood approved or adopted by the Planning Commission to meet a particular situation where topographical or other conditions make continuation or conformance to existing streets impracticable.
2.
When a new subdivision adjoins unsubdivided land susceptible of being subdivided, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided.
3.
Streets that are obviously in alignment with others already existing and named shall bear the name of the existing streets. No street name shall be used which will duplicate or be confused with the name of any existing street in the City. Street names shall be subject to the approval of the Planning Commission.
4.
Minor streets shall be so laid out that their use by through traffic will be discouraged.
5.
Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Planning Commission may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
6.
All streets shall be platted in such manner that all resulting lots will conform to the applicable zoning regulations.
7.
Streets should be laid out so as to intersect as nearly as possible at right angles and no street should intersect any other street at an angle of fifteen degrees (15°) more or less from ninety degrees (90°).
8.
There shall be no easements controlling access to streets, except where the control of such easements is definitely placed in the City under conditions approved by the Planning Commission. The subdividing of the land shall be such as to provide each lot, by means of a public street or way with satisfactory access to an existing public highway or to a thoroughfare as shown on an official map.
9.
Street jogs with centerline offsets of less than one hundred fifty (150) feet shall be avoided.
10.
When connecting street lines deflect from each other they shall be connected by a curve with a radius adequate to ensure a sight distance of not less than two hundred (200) feet for minor and collector streets, and of such greater radii as the Planning Commission shall determine for special cases.
11.
A tangent shall be provided between all reverse curves of a sufficient length as related to the radius so as to provide for a smooth flow of traffic.
12.
Clear visibility, measured along the centerline of a street, shall be provided for at least two hundred (200) feet on all streets.
13.
Vertical curves are required for changes in grade.
14.
No street grade shall be greater than seven percent (7%) nor less than five-tenths of one percent (0.5%).
15.
Street right-of-way and paved widths shall not be less than as follows:
Street Type | Minimum R.O.W. | Minimum Paved Width Curb to Curb | |
|---|---|---|---|
Arterial | 80 feet | 52 feet | |
Collector | 70 feet | 44 feet | |
Local | 50 feet | 30 feet | |
Cul-de-sac | 60 feet | 30 feet (see also #17 below) |
16.
Half-streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the Planning Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Where ever a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.
17.
Dead-end streets (cul-de-sacs), designed to be so permanently, shall not be longer than eight hundred (800) feet and shall be provided at the closed end with a turnaround of at least seventy (70) feet minimum diameter, plus a fifteen (15) foot right-of-way for utilities behind all curbs.
18.
Except where land use shall justify same or in other unusual cases, no dead-end streets, other than cul-de-sac treatment, shall be approved unless such dead-end streets are provided to connect with future streets in adjacent land.
19.
There shall be no private streets platted, conveyed, or dedicated in any manner in any subdivision; to qualify as a public street said street must be accepted by the Board of Aldermen and their acceptance shown in the official minutes.
D.
Easements.
1.
Easements with a right-of-way width of ten (10) feet shall be provided on each side of all rear lot lines where alleys are not provided and along certain side lot lines where necessary for utilities and drainage.
2.
Temporary construction easements four (4) feet in width shall be provided outside the permanent easements above.
3.
Easements of greater widths may be required along or across lots where necessary for the extension of main storm and sanitary sewers and other utilities.
4.
Utility pole anchor easements shall be provided where deemed necessary.
5.
Whenever any stream or important surface drainage course is located in the area that is being subdivided, the subdivider shall dedicate an adequate easement as specified by the City along each side of the stream for the purpose of future widening, deepening, sloping, improving or protecting the stream, or for drainage, parkway or recreational use.
E.
Blocks.
1.
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by this Title and to provide for convenient access, circulation control and safety of street traffic.
2.
Block dimensions may be subject to adjustment by the Planning Commission where topography, character of the proposed use or similar conditions justify lesser or greater lengths or widths.
F.
Lots.
1.
All lots shall have a full frontage on a dedicated public street.
2.
Lot dimensions and areas shall conform to the requirements of this Title, provided further, that no lot, irrespective of potential residential use, shall be less than ten thousand (10,000) square feet, for any subdivision of land under these regulations.
3.
All side lot lines shall be at right angles to straight street lines and radial to curved street lines where practicable.
4.
Building lines (when applicable) or set-back lines shall be shown on the preliminary and final plats for all lots in the subdivisions and shall not be less than the building or set-back lines required by this Title.
5.
Corner lots shall have such extra width as will permit the establishment of building lines on both streets.
6.
House number shall be assigned to each lot by the City.
G.
Acre Subdivisions. When the proposed subdivision involves lots of one (1) acre or more in area, consideration should be given to any resubdividing that might take place with proper provisions being made for such street extension as may be necessary.
H.
Public Sites And Open Spaces.
1.
Where deemed essential by the Planning Commission, upon consideration of the particular type of development proposed in the subdivision, and especially in large scale neighborhood unit development or where shown in the Comprehensive Development Plan, the Planning Commission may require the dedication or reservation of such other areas or sites of a character, extent, and location suitable to the needs created by such development for schools, parks, and other neighborhood purposes.
2.
The requiring of the dedication of public spaces as provided in the paragraph above shall not constitute an acceptance of the dedication by the City.
I.
Neighborhood Unit Development. Whenever a subdivision is developed as a neighborhood unit, wherein adequate park or recreational area is provided, through traffic is adequately cared for and the majority of streets are of the cul-de-sac type, the Planning Commission may vary the requirements of this regulation in order to allow the subdivider more freedom in the arrangement of streets and lots, but at the same time protect the convenience, health, safety and welfare of the probable future residents of the subdivision as well as the character of the surrounding property and the general welfare of the entire community.
Section 425.080 Required Improvements.
[R.O. 2014 §425.080; Ord. No. 202 §§600 — 606, 11-14-1967]
A.
General.
1.
The improvements listed in this Section shall be installed prior to the issuance of any building permits for the subdivided area, except as hereinafter provided. In lieu of actual completion of such improvements, the subdivider may file with the Board of Aldermen a surety bond to secure the actual construction of such improvements in a manner satisfactory to the Board of Aldermen and within a period specified by the Board of Aldermen, but such period shall not exceed two (2) years. Such bond shall be accompanied by signed statements from the City Superintendent that the amount of the bond is adequate to cover the cost of the improvements. Provided however, that in lieu of actual completion of such improvements or the posting of a bond as provided for, the Planning Commission may require the subdivider to file with the Board of Aldermen a letter stating his/her intentions to complete the improvements as required herein as development takes place on his/her building sites.
2.
The owner of the tract shall prepare and secure tentative approval of a final subdivision plat of the entire area and may install the above improvements only in a portion of such area, but the improvements must be installed in any portion of the area for which a final plat is approved for recording, or a bond actually posted, and the owner may sell or lease or offer for sale or lease lots only in the approved portion of said property, provided however, that trunk sewers and sewage treatment plants shall be designed and built to service the entire area or designed and built in such a manner that they can be easily expanded.
3.
The subdivider shall furnish the City with plans and profiles of all streets, sanitary sewers and storm drainage in detail.
B.
Monuments.
1.
Monuments shall be placed at all block corners, angle points of curves in streets, and at intermediate points as shall be required by the City. The monuments shall be of such material, size and length as may be approved by the City.
2.
Lot corner pins shall be provided at all corners of each lot and shall be of such material, size and length as may be approved by the City.
C.
Streets And Sidewalks. The intent of this provision is to provide pedestrians with safe and convenient access to schools, recreation, retail areas, and places of employment. In general, new sidewalks should be located in the public right-of-way parallel to any new City street constructed per City Code from the date of this Section. In any event, the purpose of sidewalks shall be to connect people with specific destinations within the City. The following specifications shall apply:
[Ord. No. 2103, 8-24-2023]
5.
Sidewalk Construction. Minimum requirement for sidewalks shall be as follows:
a.
Residential sidewalks shall be of concrete, four (4) feet wide and four (4) inches thick with four (4) inches of compacted one (1) inch sized crushed rock base.
b.
Non-residential sidewalks shall be of concrete, five (5) feet wide and four (4) inches thick, except at drive entrances where a six (6) inch thickness shall be required. Non-residential sidewalks require a compacted rock base with four (4) inches of one (1) inch sized crushed rock, except in drive entrances where a six (6) inch compacted rock base of one (1) inch size rock is required.
c.
Residential sidewalks are required to have expansion material on either side of a concrete drive and concrete approach.
d.
Sidewalks require two (2) # 4 rebar continuous, evenly spaced. Joints are to be pinned. Provide expansion joints maximum of fifty (50) feet.
e.
Sidewalk grades and cross slopes are to be designed to conform to the requirements of the Americans with Disabilities Act (ADA), which is in effect at the time of construction.
f.
Sidewalks shall be constructed to include wheelchair ramps at intersections and other major points of pedestrian flow. Where required, wheelchair ramps and depressed curbs shall be constructed in accordance with the standards of the Americans with Disabilities Act (ADA), which is in effect at the time of construction.
g.
A grass planting strip shall be provided between the curb and the sidewalk.
D.
Sanitary Sewer System. Where the sanitary sewer system of the City is reasonably accessible (such accessibility to be determined by the City), each lot within the subdivided area shall be provided with a connection thereto. All connections shall be subject to the approval of the City.
E.
Water Supply.
1.
Where the City water system is reasonably accessible or procurable, (such accessibility to be determined by the City), the subdivider shall connect with the City Water Department to make the water supply available for each lot within the subdivided area.
2.
In a proposed subdivision, pending accessibility of the City water supply, the subdivider may be required to construct wells or a private water supply system in such a manner that an adequate supply of potable water will be available to every lot in the subdivision at the time improvements are erected thereon. The adequacy, healthfulness, and potability of the water supply shall be subject to the approval of the State Board of Health. The construction of the water supply system shall be subject to the approval of the City.
3.
The subdivider shall also contract with the City Water Department for the installation of fire hydrants in accordance with the City requirements.
F.
Inspection. All construction and installation shall be inspected by the City. The owner of the subdivision shall pay for inspection personnel furnished by the City, under the supervision of the City, on all improvements constructed by such owner of such subdivision, as contractor or subcontractors. A schedule of fees shall be prepared by the City.
Section 425.085 (Reserved) [1]
[1]
Editor's Note: Former Section 425.085, Private Road, was repealed by Ord. No. 2215, 10-30-2025. Prior history includes: Ord. No. 2056.
Section 425.090 Variations and Exceptions.
[R.O. 2014 §425.090; Ord. No. 202 §§700 — 705, 11-14-1967]
A.
Variances.
1.
When the subdivider can show that provision of these standards would cause unnecessary hardship if strictly adhered to, and where, because of topographical or other conditions peculiar to the site, in the opinion of the Planning Commission, a departure may be made without destroying the intent of such provisions, the Planning Commission may recommend a variance to the Board of Aldermen. Any variance thus authorized is to be stated in writing in the minutes of the Planning Commission with the reasoning on which the departure was justifiably set forth.
2.
These variances shall never be authorized as a blanket variance for an entire subdivision.
B.
Application. Application for a variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Planning Commission. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner.
C.
Conditions. In granting variances and modifications, the Planning Commission and Board of Aldermen may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so verified or modified.
D.
Stage Construction. The developer may, after receiving approval of the preliminary plat, petition the Planning Commission to proceed with the subdivision by stages. The area may be subdivided into sections, and after the approval of the Planning Commission, and the Board of Aldermen, the installation of improvements as required in Section 425.080 may be constructed.
E.
City Not Obligated To Expend Funds. The City shall not be obligated for the expenditure of any funds whatsoever under and pursuant to the terms of these subdivision regulations unless and until the Board of Aldermen shall have approved such expenditure by a majority vote.
Section 425.095 Private Access Road.
[Ord. No. 2084, 5-25-2023]
A.
Title. This Section shall be known as the "Private Access Road Ordinance," an ordinance to regulate and establish standards for the approval and construction of private access roads outside of recorded subdivisions.
B.
General Provisions.
1.
This Section shall apply to land which is divided into parcels or lots for commercial purposes, including B-3 General Business Zoning.
2.
No building permit or certificate of occupancy shall be issued within the City unless such use or building occupies a parcel or lot which fronts on a public street, or a private access road improved to the standards of this Section. A private access road may be utilized in lieu of frontage on a public street.
3.
A document describing the private access road and the provisions for maintenance shall be recorded with the Webster County Recorder's office and provided to the purchaser of property. The maintenance provisions shall apportion the maintenance responsibilities among the appropriate property owners.
C.
Standards For Private Access Roads.
1.
All private access roads shall be a maximum length of one hundred fifty (150) feet without a turn around. Turn around is to be constructed in a size to allow emergency vehicles, including fire trucks, to turn around. Fire Chief of the Marshfield Fire Protection District, or his designee, must approve the site plan for the turn around.
2.
All private access roads shall have a right-of-way width of thirty (30) feet and a minimum driving width of twenty (20) feet with no parking signs posted on either side of the road.
3.
Private access roads, where intersecting public streets shall have a minimum six (6) inches concrete over four (4) inches rock base apron between the street pavement and the property line.
4.
All private access roads to be constructed per City of Marshfield street specifications for driving surface.
5.
All private roads to have an elevation higher than the surrounding grade and be served by ditches and proper drainage or provide concrete curb and gutter.
6.
Culverts shall be required at all drive entrances as indicated on the approved plans if ditches are utilized.
D.
Review, Inspections, Approval, Permits, Fees, And Appeals.
1.
Plans for a private access road shall be submitted to the Planning and Zoning Commission for review and recommended approval to the Board of Aldermen.
2.
The Board of Aldermen shall have final approval of private access road requirements prior to issuing any permits.
3.
The Board of Aldermen may establish a fee to cover the cost of review and inspections pursuant to this Section. Said fee shall be paid prior to the issuance of any permits.
4.
The Board of Adjustment shall have jurisdiction to consider appeals for variances or exceptions from this Section.
Section 425.100 Administration and Amendment.
[R.O. 2014 §425.100; Ord. No. 202 §§800 — 805, 11-14-1967]
A.
Notice Of Action Taken.
1.
The Planning Commission shall determine its recommendations as to whether the subdivision plat shall be recommended for approval, with modification, or disapproval, and shall give written notice to the subdivider and the Board of Aldermen of its determination.
2.
The Board of Aldermen may approve, modify, or disapprove a Final Subdivision Plat, after recommendation from the Planning Commission, and shall so notify the applicant of its decision. If approved, the Mayor shall sign the original in the appropriate Certification Block.
B.
Official Recording.
1.
No plat or description of a subdivision shall be filed in the office of the County Recorder, until the same shall have been given final approval by the Board of Aldermen. This plat or description must be signed by the Mayor and attested by the City Clerk.
2.
All final plats shall be filed and recorded within two (2) years of the date of approval by the Board of Aldermen, and no lots shall be sold from any plat until same has been recorded as herein provided. Failure to record such approved plat within two (2) years of the approval shall void all approvals thereto.
C.
Agenda. Each plat submitted for preliminary or final approval shall be placed on the Planning Commission's agenda only after fulfilling the appropriate requirements of these regulations. However, a plat not meeting all the requirements may be submitted providing the subdivider presents with the plat a letter requesting the specific exception and enumerating in detail the reason therefor.
D.
Amendment. The Board of Aldermen may from time to time, amend and make public rules and regulations for the administration of these subdivision regulations after referral to the Planning Commission, to the end the public be informed and that approval of plats of subdivisions be expedited.
E.
Penalties.
1.
Sale of land in unapproved plat. No owner, or agent of the owner, of any land located within the platting jurisdiction of this municipality, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by use of a plat of any purported subdivision of the land before the plat has been approved by the Board of Aldermen and recorded in the office of the County Recorder. Any person violating the provisions of this Section shall forfeit and pay to the municipality a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. A municipality may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.
2.
Any persons violating the provisions of this Title shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by confinement in the County Jail for not more than one (1) year, or by both such fine and confinement.
Section 425.110 Light Detection and Ranging (Lidar).
[Ord. No. 2081, 5-25-2023]
A.
Title. This Section shall be known as the "Lidar Ordinance," an ordinance to provide contour mapping and establish cost for this service to the general public for initial contour data of a specific site or parcel.
B.
General Provisions. This Section shall allow the use of contour mapping information based on the site area provided on our GIS map. (See Pricing Table below.)
LIGHT DETECTION AND RANGING (LIDAR) DATA COST | ||
|---|---|---|
Minimum fee | $300 | |
Maximum fee | $8,000 | |
Exact acreage shall be determined using survey data provided by property owner, or the Webster County Assessor's GIS information. | ||
Each tier must pay for the previous tier plus the additional amount per acre beyond the previous tier. | ||
Acres | Price per acre | Range |
1 to 3 | $300 | $300 to $900 |
3.01 to 10 | $200 | $902 to $2,300 |
10.01 to 20 | $100 | $2,301 to $3,300 |
20.01 to 114 | $50 | $3,300.50 to $7,300 |
114.01 + | Maximum | $8,000 |
