4.101 Definition of subdivision of land.

For the purpose of this ordinance a "subdivision of land" is the division of land into four or more tracts, sites or parcels. Any sale or contract of sale or agreement to purchase any lot or division of land by lot description shall constitute a subdivision of land. Prior to any sale, contract or agreement to purchase and before the delivery of a deed, the submission and approval of a subdivision plan is required in accordance with these regulations. This ordinance shall not apply to land in subdivisions previously legally recorded (except in the case of resubdivision) and the subdivision of land to be used as cemeteries.

4.102 Purpose.

Land subdivision is the first step in the process of community development. Once land has been divided into streets, lots and blocks, and publicly recorded, correction of defects is costly and difficult. Subdivision of land eventually becomes a public responsibility because roads and streets must be maintained and various public services customary to urban areas must be provided. It is therefore in the best interest of the public, the developer, and the future owners of the affected areas that subdivisions be conceived, designed and developed according to adequate minimum standards. The following subdivision standards are designed to provide for the harmonious development of land in the City of McComb City; to secure a coordinated lot layout and facilitate the movement of traffic; and to provide adequate light, air, water and sewer facilities as well as recreation, transportation and communication facilities.

4.103 Jurisdiction.

This ordinance shall govern all subdivision of land within the corporate limits and police jurisdiction of the City of McComb City. Any owner of land within the McComb City limits wishing to subdivide land shall submit plans of said improvements to the City as detailed below. Any parcel of land whether wholly or partially within the McComb City limits shall be subject to approval by the City for compliance with these subdivision regulations.

4.201 Zoning.

Any subdivision of land must meet the zoning requirements of the district in which it is located. Where a parcel of land proposed for subdivision falls within more than one zone, the requirements of the more stringent zone shall be applied to the entire parcel.

4.202 Conformity to the future land use plan.

All proposed subdivisions shall conform to the Future Land Use Plan which has been officially adopted by the Board of Mayor and Selectmen.

4.203 Streets.

All streets which are part of a proposed subdivision shall conform to the following standards:

A.

Relation to Adjoining Street System: Proposed new streets shall extend existing streets or their projections at the same or greater width, unless variations are deemed necessary by the reviewing authorities for the reasons of topography or design. Where, in the opinion of the reviewing authorities, it is desirable to provide street access to adjoining property, proposed streets shall extend to the boundary of such property.

B.

Right-of-Way Widths: The minimum width of proposed street right-of-way shall not be less than 90 feet for officially designated major arterial streets or boulevards and fifty feet for minor arterial streets and collector streets with curb and gutter. Collector streets with open ditch surface drainage shall have a sixty foot right-of-way.

C.

Street Intersections: Streets shall be laid out to intersect as nearly as possible to ninety (90) degrees and not less than seventy-five (75) degrees.

D.

Cul-de-sac or Dead-end Streets: Streets designed to have one end permanently closed (cul-de-sac) shall have a turnaround with a minimum right-of-way radius of fifty (50) feet and a minimum driving surface radius of thirty-five (35) feet. A cul-de-sac shall not be more than three hundred feet in length unless approved by the reviewing authorities for specific reasons of topography or design.

E.

Street Names: Proposed streets in alignment with existing and named streets shall bear the names of existing streets. In no case shall the name for the proposed streets duplicate existing street names irrespective of designation of street, lane, boulevard, road, drive, etc.

F.

Street Improvements: Requirements for improvements for proposed streets are as follows:

1.

Bases: All streets shall have a minimum of eight inches of compacted gravel or equal in compliance with the most recent specifications of the American Society of Highway and Transportation Engineers.

2.

Paving: All major arterial streets shall be paved with a minimum depth of three and one half (3½) inches of bituminous asphalt placed in accordance with the "Mississippi Department of Transportation Specification SC-1." Pavement depths for minor arterial and collector streets shall be as determined by the Planning Commission on a case-by-case basis. Widths of paving shall be eighteen (18) feet for collector streets, twenty (20) feet for minor arterials and twenty-four (24) feet for major arterials. Where an existing street is to be extended for the development of a subdivision, the width of the extension shall match or exceed the width of the existing street.

3.

Ditches: If curbs and gutters are not provided, ditches shall be provided having at least three to one (3:1) fore slopes and two to one (2:1) back slopes on the property side.

4.

Signs: Approved street markers bearing the names of the streets shall be provided and installed at each street intersection in the subdivision.

4.204 City water.

The City water system shall be extended throughout the subdivision to provide water supply to each lot. Pipe and fitting sizes and specifications shall be set forth in the city building codes.

4.205 Drainage.

A surface or subsurface water drainage system shall be a part of every subdivision plan. The drainage system shall provide for adjacent areas that have natural drainage into the subdivision.

4.206 Sewer.

The City sewage system shall be extended throughout the subdivision providing service to each lot. Manholes and cleanouts shall be installed as required by the Director of Public Works. Pipe and fitting sizes and specifications shall be as set forth in the City building codes.

4.207 Utilities.

Provisions shall be made to extend electrical power lines, gas lines and telephone lines throughout the subdivision to service each lot.

4.208 Blocks.

[Blocks] shall not be more than eight hundred feet in length.

4.209 Lots.

Each lot must front upon a street which is connected with the public street system. The minimum lot width and area shall conform with the requirements set forth in Article 3 of this document. Side lot lines shall be at right angles to straight street lines or radial to curved lines.

4.210 Public use and service areas.

A.

Sidewalks: The Board of Mayor and Selectmen, or their duly authorized representative, may require sidewalks under such terms and conditions as may be specified by the governing authorities of the City. Sidewalks shall be installed prior to occupancy of the site for its intended use.

B.

Green Space: Subdivisions five acres or larger shall provide five percent of the land area (not including street right-of-way) for public access as approved by reviewing authorities. Said green spaces shall be maintained by the City of McComb Department of Parks and Recreation.

4.211 Variances.

Where a subdivider can show that a provision of these general requirements and minimum standards of design would cause an unnecessary hardship and where, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of this Article, the Planning Commission may recommend that the Mayor and Selectmen grant a variance. Any variance thus authorized is required to be entered into writing in the minutes of the Mayor and Selectmen. The reason which justified the departure shall also be set forth.

4.301 Preliminary plan requirements.

Preliminary plans shall include the following information:

A.

Outline Specifications: This document shall include names of owners of all property included in the subdivision plans, the proposed method for financing the project, a general description of the project and a written outline of the general specifications for all proposed improvements.

B.

Plat: A scale drawing of the entire property proposed with bearings and distances, corner points, north arrow, scale, ownership of the subject property and the names of adjacent property owners. The plat shall be stamped by a registered land surveyor. Township, Range and Section line shall also be indicated on the drawing.

C.

Legal Description of Property: A written legal description of all property included in subdivision.

D.

Topographic Drawing: This drawing shall show existing topography in five foot increments. The scale shall be 1" = 100' or larger.

E.

Preliminary Plan: The Preliminary Plan shall be drawn at the same scale as the topographic drawing. The Preliminary Plan shall indicate the location of the streets, lots, easements, utilities and all significant improvements proposed for subdivision development. Locations of floodplains and proposed green spaces shall be delineated in the Preliminary Plan. Proposed staging of the subdivision improvements shall also be indicated on the preliminary plan.

F.

Additional Information: Additional information may be requested by reviewing authorities if needed to fully describe proposed subdivision.

4.302 Final plan requirements.

A.

Project Description: A written description of the project shall include names of owners of all property included in the subdivision plans, proposed method for financing the project, the names of the financing institutions to be utilized for construction and long term financing and a general description of the project including the proposed staging of construction.

B.

Specifications: Complete written specifications shall be provided for all work to be performed. The specifications shall be prepared in the Construction Specifications Institute (CSI) format indicating all materials and methods of constructions and be prepared by a licensed design professional (engineer, architect, or landscape architect).

C.

Final Plans: Complete plans and detailed drawings shall be prepared which fully describe all work to be performed. Final plans shall be prepared by a licensed design professional as indicated above. All plans shall be at a scale of 1" = 100' or larger and shall indicate topography at one (1) foot increments showing all earth work, demolition and new work with detailed drawings as required. Scale of detailed drawings shall be sufficient to show all design components. The location of utilities, water, sewer, storm drains, curbs and gutters, fire hydrants, valves, catchbasins, manholes and all other amenities shall be shown on final plans in sufficient detail for construction thereof. Connections to existing utility and infrastructure systems shall also be shown on the final subdivision plan.

4.303 Submittal and review of preliminary plans.

The Developer shall submit (7) seven copies of the preliminary subdivision plan to the Director of Planning and Development. The director will forward one set each to the reviewing authorities listed below and one set to the Board of Mayor and Selectmen and shall retain one set of plans. Each reviewing authority and the Director of Planning and Development shall submit their recommendations to the Board of Mayor and Selectmen within sixty (60) days of receipt of submittals by the Director of Inspections and Zoning.

A.

Reviewing Authorities: The following persons shall review and make recommendations to the City Board:

1.

City Planning Commission

2.

[Code] inspector

3.

Director of Public Works

4.

Health Department

5.

Director of Public Safety

6.

Director of Inspections and Zoning

B.

Action Taken: The Board of Mayor and Selectman shall either approve, approve with recommended changes or reject the preliminary plans within sixty (60) days of receipt of recommendations from all reviewing authorities. Approval with recommended changes or rejections of preliminary plans will require resubmittal of final plans in accordance with 4.305 below.

4.304 Submittal and review of final plans.

Upon approval of preliminary plans, and within 12 months of said approval, the Developer shall prepare final plans as defined in 4.302 above and submit seven sets to the Director of Inspections and Zoning. The same reviewing authorities listed in 4.303 above shall review final plans and make recommendations to the Board of Mayor and Selectmen within ninety (90) days of receipt by the Director of Planning and Development of final plans. A substantial deviation from preliminary plans or delay of submittal beyond the 12-month period may constitute reason for rejection of plans.

A.

Action Taken: The Board of Mayor and Selectmen shall either approve, approve with recommended changes or reject the final plans within ninety (90) days of receipt of recommendations from all reviewing authorities. Approval with recommended changes and rejection of final plans will require resubmittal of final plans in accordance with 4.305 below.

B.

Sale of Lots: The Developer shall not sell any lots in the proposed development until all proposed improvements have been installed or until a bond issue has been posted with the City Clerk in an amount sufficient to assure the completion of the required improvements.

4.305 Resubmittal and review, conditional approval or rejected plans.

In the event that preliminary or final plans are approved with recommended changes or are rejected, the plans will be revised and resubmitted to the Director of Inspections and Zoning for review. The timetable and process shall be the same for resubmittal as for the first submittal except that in the event of conditional approval, only the reviewing authorities which previously recommended changes will be required to make recommendations for resubmittals of subdivision plans.

4.401 General requirements.

All plans for the resubdivision of lots in an existing subdivision of the City of McComb must meet the requirements of this section and any other special provisions which the Board of Mayor and Selectmen deem necessary to insure the health, welfare and safety of the community. Any resubdivision and the lots resulting therefrom must meet the requirements of the zoning district in which the property is located. The property to be resubdivided shall not conflict with any title restrictions presently recorded in the office of the Chancery Clerk of Pike County. All resubdivided parcels or lots shall have access supplied by either a public dedicated right-of-way or by private easement supplied in perpetuity.

Whoever, being the owner or agent of the owner of any land located within a proposed subdivision, transfers or sells or agrees to sell any land by reference to or exhibition of or by other use of a plan of a subdivision, before such plan has been approved by the Board of Mayor and Selectmen and recorded or filed in the office of the Chancery Clerk of Pike County, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of one hundred dollars. Each conveyance shall constitute a separate offense and the description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from such penalties herein provided.