[Ord. No. 976 §1.1, 11-25-1997]
These regulations shall hereafter be known, cited and referred
to as the "Subdivision Regulations of Platte City, Missouri".
[Ord. No. 976 §1.2, 11-25-1997]
By ordinance of the Board of Aldermen adopted pursuant to the
powers and jurisdictions vested through Sections 89.300 through 89.480,
Chapter 89, RSMo., and other applicable laws, Statutes, orders and
regulations of the State of Missouri and the City of Platte City,
the Board of Aldermen does hereby exercise the power and authority
to approve and disapprove plats for subdivision of land within the
incorporated areas of the City. By the same authority, the Planning
Commission does hereby exercise the power and authority to review
and make recommendations to the Board of Aldermen on any and all plats
of subdivision of land within the City.
[Ord. No. 976 §1.3, 11-25-1997]
A.
These
Subdivision Regulations shall apply to all subdivisions of land, as
defined herein, located within the incorporated areas of the City.
B.
No land
shall be subdivided within the incorporated area of the City until
the subdivider or his agent shall submit the appropriate plats to
the Planning Commission for their recommendation, and obtain approval
of the plat itself by the Board of Aldermen, and until the approved
plat is filed with the Platte County Recorder of Deeds. No building
permit or certificate of occupancy shall be issued for any parcel
or plot of land which was created by subdivision after the effective
date of, and not in conformity with, the provisions of these subdivision
regulations and no excavation of land or construction of any public
or private improvements shall take place or be commenced except in
conformity with the regulations.
[Ord. No. 976 §1.4, 11-25-1997]
It is hereby declared to be the policy of the City to consider
the subdivision of land and the subsequent development of the subdivided
plat as subject to the control of the City pursuant to the official
Comprehensive Plan of the City for the orderly, planned, efficient,
physical and economical development of the City. Land to be subdivided
shall be of such character that it can be used safely for building
purposes without danger to health or peril from fire, flood or other
menace and land shall not be subdivided until available public facilities
and improvements exist and proper provision has been made for drainage,
water, sewerage and capital improvements such as schools, parks, recreation
facilities, transportation facilities and improvements. The existing
and proposed public improvements shall conform to and be properly
related to the proposals shown in the Official Master Plan, City Street
Plan and the capital budget and program of the City, and it is intended
that these regulations shall supplement and facilitate the enforcement
of the provisions and standards contained in Building and Housing
Codes, Zoning Ordinance, Official Comprehensive Plan, City Street
Plan and Land Use Plan and capital budget and program of the City.
[Ord. No. 976 §1.5, 11-25-1997]
A.
These
Subdivision Regulations are adopted for the following purposes:
1.
To protect
and provide for the public health, safety and general welfare of the
City.
2.
To guide
the future growth and development of the City.
3.
To protect
and conserve the value of land throughout the City and the value of
buildings and improvements upon the land to minimize the conflicts
among the uses of land and buildings.
4.
To preserve
the natural beauty and topography of the City to insure appropriate
development with regard to these natural features.
5.
To provide
for the proper location and width of streets and roads, building lines,
open space and recreation and for the avoidance of congestion of population.
6.
To provide
for the extent and manner in which streets shall be graded and improved
and the extent to which water, sewer and other utility sources shall
be provided to protect public health and general welfare.
7.
To insure
that public facilities including roads, water and sewer facilities
and drainage are adequate to serve the proposed subdivision, to establish
reasonable standards of design and procedures for subdivisions and
resubdivision for the orderly layout and use of land and to insure
proper legal descriptions and monumenting of subdivided land.
[Ord. No. 976 §§1.6, 5.1, 11-25-1997; Ord. No. 1678 §2, 1-12-2011]
A.
For the
purpose of these regulations, certain numbers, abbreviations, terms
and words used herein shall be used, interpreted and defined as set
forth in this Section.
B.
Unless
the context clearly indicates to the contrary, words used in the present
tense include the future tense, words used in the plural number include
the singular; the word "herein" means "in these regulations",
the word "regulations" means "these regulations".
C.
A "person" includes a corporation, a partnership and an unincorporated
association of persons such as a club; "shall" is
always mandatory; a "building" includes a "structure";
a "building" or "structure" includes
any part thereof; "used" or "occupied" as applied to any land or building shall be construed to include
the words "intended, arranged or designed to be used or occupied".
D.
10-YEAR FLOOD
10-YEAR STORM
100-YEAR FLOOD
100-YEAR STORM
ALLEY
APPLICANT
BLOCK
BOND
BUILDING
CAPITAL IMPROVEMENTS PROGRAM
CENTRAL SEWERAGE SYSTEM
CENTRAL WATER SYSTEM
CITY
CITY ATTORNEY
CITY ENGINEER
CITY HEALTH OFFICER
CITY STREET PLAN
COLLECTOR ROADS
CONSTRUCTION PLAN
CUL-DE-SAC
DAM
DETENTION BASIN
DETENTION STORAGE
DEVELOPMENT
DISCHARGE
DRAINAGE AREA
DRY BOTTOM BASIN
EASEMENT
ENFORCEMENT OFFICER
ESCROW
FINAL PLAT
FLOODPLAIN
FREEBOARD
FRONTAGE
FRONTAGE STREET
GRADE
HIGH DENSITY
HIGHWAY LIMITED ACCESS
HYDROGRAPH
HYETOGRAPH
IMPROVEMENTS
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
LOT
LOT, CORNER
LOT IMPROVEMENT
LOT SPLIT
MASTER PLAN
MID-AMERICA REGIONAL COUNCIL
MISSOURI CLEAN WATER COMMISSION
MODEL HOME
MUNICIPALITY
NEIGHBORHOOD PARK AND RECREATION IMPROVEMENT FUND
NON-RESIDENTIAL SUBDIVISION
OFF-SITE
OFFICIAL MASTER PLAN
OPEN SPACE
OWNER
OWNERSHIP SAME
PERIMETER STREET
PLANNING COMMISSION
PRELIMINARY PLAT
PROBABLE MAXIMUM PRECIPITATION
PROJECT
PUBLIC IMPROVEMENT
REGISTERED ENGINEER
REGISTERED LAND SURVEYOR
RESUBDIVISION
RIGHT-OF-WAY
ROAD, DEAD END
ROAD, RIGHT-OF-WAY WIDTH
ROADS, CLASSIFICATION
SALE OR LEASE
SAME OWNERSHIP
SCREENING
1.
2.
SETBACK
SHADE TREE
STORMWATER RUNOFF
STREET, MAJOR
STREET, PERIMETER
STREET, PRIVATE
STRUCTURE
SUBDIVIDER
1.
2.
3.
4.
SUBDIVISION
SUBDIVISION AGENT
SUBDIVISION PLAT
WET BOTTOM BASIN
ZONING ORDINANCE
Words And Terms Defined. As used in this Chapter, the following terms shall have these prescribed
meanings:
A flood having a ten percent (10%) chance of occurrence in
any given year.
A rainstorm of a given duration and depth of precipitation
having a ten percent (10%) chance of occurrence in any given year.
A flood having a one percent (1%) chance of occurrence in
any given year. The 100-year flood is assumed to be caused by a 100-year
storm.
A rainstorm of a given duration and depth of precipitation
having a one percent (1%) chance of occurrence in any given year.
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of those properties whose
principal frontage is on some other street.
The owner of land proposed to be subdivided or his representative.
Consent shall be required from the legal owner of the premises.
A tract of land bounded by streets or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shorelines
or waterways, or boundary lines of municipalities.
Any form of security including a cash deposit, surety bond,
collateral, property or instrument of credit in an amount and form
satisfactory to the Board of Aldermen. All bonds shall be approved
by the Board of Aldermen wherever a bond is required in these regulations.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or moveable property of any kind and
includes any structure.
A proposed schedule of all future projects listed in order
of construction priority together with cost estimates and the anticipated
means of financing each project. All major projects requiring the
expenditures of public funds, over and above the annual City operating
expenses, for the purchase, construction or replacement of the physical
assets for the community are included.
A community sewer system including collection and treatment
facilities established by the developer to serve a new subdivision
in an outlying area.
A private water company formed by a developer to serve a
new community development in an outlying area. It includes water treatment
and distribution facilities.
The City of Platte City, Missouri.
The City Attorney or such licensed attorney designated by
the Board of Aldermen to furnish legal assistance for the administration
of these regulations.
The City Engineer or other such person as shall be appointed
by the Board of Aldermen to administer these regulations.
That person designated to administer the health regulations
of the City.
The plan established by the City pursuant to Chapter 89,
RSMo., showing the streets, highways, parks, drainage systems and
setback lines theretofore laid out, adopted and established by law
and any amendments or additions thereto resulting from the approval
of subdivision plats by the Planning Commission and the subsequent
filing of such approved plats.
A road intended to move traffic from local roads to secondary
arterials. A collector road serves a neighborhood or large subdivision
and should be designed so that no residential properties face onto
it.
The maps or drawings accompanying a subdivision plat and
showing the specific location and design of improvements to be installed
in a subdivision in accordance with the requirements of the Planning
Commission as a condition of the approval of said plat.
A local street with only one (1) outlet and having an appropriate
terminal for the safe and convenient reversal of traffic movement.
An artificial barrier or embankment having greater than six
(6) feet difference in elevation between the crest of the emergency
spillway and the lowest point in the cross section taken along the
centerline of the dam, which does or may impound water.
Any manmade area or structure which serves as a means of
temporarily storing stormwater runoff.
The temporary detaining or storage of stormwater on or beneath
the ground surface, on rooftops, parking lots or by other means under
predetermined or controlled conditions.
Any change in land use or improvement on any parcel of land.
The rate of outflow of water from detention storage.
The geographical area contributing stormwater runoff to a
point under consideration; i.e., a watershed, tributary area or catchment
area.
A detention basin or facility not intended to have a permanent
pool.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
The person (and his duly authorized assistants) appointed
to the Codes Enforcement/Building Inspector position and shall enforce
the Zoning Ordinance and Subdivision Regulations of the City and to
administratively assist other City Boards or Commissions.
A deposit of cash with the City in lieu of an amount required
and still in force on a performance or maintenance bond. Such escrow
funds shall be deposited by the Enforcement Officer in a separate
account.
The map or plan or record of a subdivision and any accompanying
material, as described in these regulations.
The channel of a river or stream or lake or other body of
water and the land adjacent thereto, regardless of physical obstructions,
which is subject to inundation in the event of a regulatory flood.
The difference in elevation between the design water surface
in the detention facility and the elevation at which uncontrolled
overtopping of the facility begins.
That side of a lot abutting on a street or way and ordinarily
regarded as the front of the lot, but it shall not be considered as
the ordinary side of a corner lot.
Any street to be constructed by the developer or any existing
street in which development shall take place on both sides.
The slope of a road, street or other public way, specified
in percentage (%) terms.
Those residential zoning districts in which the density is
equal to or greater than one (1) dwelling unit per fifteen thousand
(15,000) square feet.
A freeway or expressway providing a trafficway for through
traffic, in respect to which owners or occupants of abutting property
or lands and other persons have no legal right of access to or from
same, except at such points and in such manner as may be determined
by the public authority having jurisdiction over such trafficway.
Flow rate distribution of a stormwater runoff with respect
to time at the point under consideration or of detention basin outflow.
Intensity distribution of a rainfall event with respect to
time.
See "LOT IMPROVEMENT" or "PUBLIC IMPROVEMENTS".
A septic tank, seepage tile sewage disposal system or any
other sewage treatment device approved by the City Health Officer,
the Missouri State Water Pollution Board and the City Engineer.
A tract, plot or portion of a subdivision or other parcel
of land intended as a unit for the purpose, whether immediate or future,
of transfer of ownership or for building development.
A lot situated at the intersection of two (2) streets, the
interior angle of such intersection not exceeding one hundred thirty-five
degrees (135°).
Any building, structure, place, work of art or other object
or improvement of the land on which they are situated constituting
a physical betterment of real property or any part of such betterment.
Certain lot improvements shall be properly bonded as provided in these
regulations.
The division, into two (2) or more parcels, plots, sites
or units, of an established and legally approved or recorded subdivision
lot for the purpose of offer, sale, lease or development.
A Comprehensive Plan for development of the City prepared
and adopted by the Planning Commission, pursuant to Chapter 89, RSMo.,
and includes any part of such plan or parts thereof.
The Planning Agency established for the Metropolitan Kansas
City Region to carry on comprehensive planning. The official title
of such agency is Mid-America Regional Council.
The official State agency delegated with responsibility for
the control of water pollution.
A dwelling unit initially for display purposes which typifies the type of units that will be constructed in the subdivision. Such dwelling units may be erected, at the discretion of the Planning Commission, by permitting a portion of a major subdivision involving no more than two (2) lots to be created according to the procedures for minor subdivisions, as set out in Section 410.190 of these regulations.
For the purposes of these regulations, any City, township,
village or County established pursuant to the Revised Statutes of
Missouri.
A special fund established by the Board of Aldermen to retain
monies contributed by developers in accordance with the "money in
lieu of land" provisions of these regulations within reasonable proximity
of the land to be subdivided so as to be of local use to the future
residents of said subdivision.
A subdivision whose intended use is other than residential,
such as commercial or industrial. Such subdivision shall comply with
the applicable provisions of these regulations.
Any premises not located within the area of the property
to be subdivided whether or not in the same ownership of the applicant
for subdivision.
See "MASTER PLAN".
That space remaining on a lot which is not occupied by buildings,
structures, parking areas or driveways and which is either landscaped
with shrubs or planted with grass. That area which is used for intensive
recreation purposes such as playground equipment or organized activities
is not to be considered as open space.
Any person, group or persons, firm or firms, corporation
or corporations or any other legal entity having legal title to or
sufficient proprietary interest in the land sought to be subdivided
under these regulations.
See "SAME OWNERSHIP".
Any existing street to which the parcel of land to be subdivided
abuts on only one (1) side.
The City Planning Commission established in accordance with
Chapter 89, RSMo.
The preliminary drawing or drawings, described in these regulations,
indicating the proposed manner or layout of the subdivision to be
submitted to the Planning Commission for approval.
An estimate of the greatest theoretical depth of precipitation
for a given duration over a particular drainage area. Values of PMP
for various durations and areas are given in Hydrometeorological Report
No. 51, Probable Maximum Precipitation Estimates, United States East
of the 105th Meridian, published by the U.S. Department of Commerce,
June 1978.
Any development involving the construction, reconstruction
or improvement of structures and/or grounds.
Any drainage ditch, roadway, parkway, sidewalk, pedestrian
way, tree, lawn, off-street parking areas, lot improvement or other
facility for which the City may ultimately assume the responsibility
for maintenance and operation of which may affect an improvement for
which City responsibility is established. All such improvements shall
be properly bonded.
An engineer properly licensed and registered in the State
of Missouri.
A land surveyor properly licensed and registered in the State
of Missouri.
A change in a map of an approved or recorded subdivision
plat if such change affects any street layout shown on such map or
area reserved thereon for public use, or any lot line; or if it affects
any map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electrical transmission line, oil
or gas pipeline, water main, sanitary storm sewer main or for another
special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter
established and shown of a final plat is to be separate and distinct
from the lots or parcels adjoining such right-of-way and not included
within the dimensions of areas of such lots or parcels. Rights-of-way
intended for streets, crosswalks, water mains, sanitary sewers, storm
drains or any other use involving maintenance by a public agency shall
be dedicated to public use by the maker of the plat on which such
right-of-way is established.
A road or a portion of a street with only one (1) vehicular-traffic
outlet.
The distance between property lines measured at right angles
to the center of the street.
For the purpose of providing for the development of the street,
highways, roads and rights-of-way in the City and for their future
improvement, reconstruction, realignment and necessary widening, including
provision for curbs and sidewalks, each existing street, highway,
road and right-of-way, and those located on approved and filed plats,
have been designated on the City Street Plan of the City and classified
therein. The classification of each street, highway, road and right-of-way
is based upon its location in the respective zoning districts of the
City and its present and estimated future traffic volume and its relative
importance and function as specified in the Master Plan of the City.
The required improvements shall be measured as set forth for each
street classification on the City Street Plan.
Any immediate or future transfer of ownership, including
contract of sale or transfer, or an interest in a subdivision or part
thereof, whether by metes or bounds, deed, contract, plat, map or
other written instrument.
Ownership by the same person, corporation, form, entity,
partnership or unincorporated association; or ownership by different
corporations, firms, partnerships, entities or unincorporated associations,
in which a stockholder, partner or associate or a member of his family
owns an interest in each corporation, firm, partnership, entity or
unincorporated association.
Either:
A strip of at least ten (10) feet wide, densely planted (or
having equivalent natural growth) with shrubs and trees at least four
(4) feet high at the time of planting, of a type that will form a
year-round dense screen at least six (6) feet high, or
An opaque wall or barrier or uniformly painted fence at least
six (6) feet high.
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Either (1) or (2) shall be maintained in good condition at all
times and may have no signs affixed to or hung in relation to the
outside thereof except the following: For each entrance, one (1) directional
arrow with the name of the establishment with "For Patrons Only" or
like limitation, not over two (2) square feet in area, which shall
be non-illuminated. Where required in the district regulations, a
screen shall be installed along or within the lines of a plot as a
protection to adjoining or nearby properties.
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The distance between a building and the street line nearest
thereto.
A tree in a public place, street or special easement adjoining
a street as provided in these regulations.
Waters derived from precipitation falling within a drainage
area, flowing over the surface of the ground or collected in channels
or conduits.
A street providing through traffic movement between areas
and across the City and direct access to abutting property, subject
to necessary control of entrances, exists and curb use. Major streets
are identified on the major street plan and are given a functional
designation as either "primary" or "secondary" arterials.
Existing traveled roadways whether improved to City standards
or not and with or without dedicated rights-of-way and located along
the periphery of the proposed development.
A roadway or street used for internal vehicular circulation
within a development, which has been identified as such on the development
plan or preliminary plat and is located within the access easement
recorded on the plat.
Any construction above or below ground.
Any person who:
Having an interest in land, causes it, directly or indirectly,
to be divided into a subdivision or who,
Directly or indirectly, sells, leases or develops or offers
to sell, lease or develop or advertises for sale, lease or development,
any interest, lot, parcel, site, unit or plat in a subdivision or
who,
Engages directly or through an agent in the business of selling,
leasing, developing or offering for sale, lease or development, a
subdivision or any interest, lot, parcel, site, unit or plot in a
subdivision and who,
Is directly or indirectly controlled by or under direct or indirect
common control, with any of the foregoing.
Any land, vacant or improved, which is divided or proposed
to be divided into two (2) or more lots, parcels, sites, units, plots
or interests of less than five (5) acres, for the purpose of offer,
sale, lease or development, either on the installment plan or upon
any and all other plans, terms and conditions, including resubdivision. "Subdivision" includes the division or development of residential
and non-residential zoned land, whether by deed, metes and bounds
description, map, plat or other recorded instrument and further includes
the creation of a condominium, town home or any other division of
property into units and common elements.
Any person who represents or acts for or on behalf of, a
subdivider or developer, in selling, leasing or developing or offering
to sell, lease or develop any interest, lot, parcel, unit, site or
plot in a subdivision, except an attorney-at-law whose representations
of another person consists solely of rendering legal services and
who has not other interest, direct or indirect, in the subdivision.
The final map or drawing, described in these regulations,
on which the subdivider's plan of subdivision is presented to the
Planning Commission for recommendation and which, if approved by the
Board of Aldermen, shall be submitted to the Platte County Recorder
of Deeds for filing.
A detention basin intended to have a permanent pool. Also
called a "retention basin".
The official zoning ordinance of the City, together with
any and all amendments thereto, adopted pursuant to Chapter 89, RSMo.
[Ord. No. 976 §1.7, 11-25-1997]
A.
In their
interpretation and application, the provisions of these regulations
shall be held to be the minimum requirements for the purposes and
policies as stated above for the promotion of the public health, safety
and general welfare of the City.
1.
Conflict with public provisions. These regulations are not
intended to interfere with, abrogate or annul any other City ordinance,
rule or regulation, Statute or other provision of law. Where any provision
of these regulations imposes restrictions different from those imposed
by any other provision of these regulations or any other City ordinance,
rule or regulation or other provision of law, whichever provisions
are more restrictive or impose higher standards shall control.
2.
Conflict with private provisions. These regulations are
not intended to abrogate any easement, covenant or any other private
agreement or restriction, provided that where the provisions of these
regulations are more restrictive or impose higher standards or regulations,
than such easement, covenant or other private agreement or restriction,
the requirements of these regulations shall govern. Where the provisions
of the easement, covenant or private agreement or restriction impose
duties and obligations more restrictive, or higher standards than
the requirements of these regulations, or the determinations of the
Planning Commission or the Board of Aldermen in approving a subdivision
or in enforcing these regulations and such private provisions are
not inconsistent with these regulations or determinations thereunder,
then such private provisions shall be operative and supplemental to
these regulations and determination.
3.
Separability. If any part or provision of these regulations
or application thereof to any persons or circumstances is adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of these regulations or the application thereof to other
persons or circumstances.
B.
The Planning
Commission hereby declares that it would have enacted the remainder
of these regulations even without any such part, provision or application.
[Ord. No. 976 §1.8, 11-25-1997]
These regulations shall not be construed as abating any action
now pending under or by virtue of, prior existing subdivision regulations
or as discontinuing, abating, modifying or altering any penalty accruing
or about to accrue or as affecting the liability of any person, firm
or corporation, or as waiving any right of the City under any section
or provision existing at the time of adoption of these regulations,
or as vacating or annulling any rights obtained by any person, firm
or corporation, by lawful action of the City, except as shall be expressly
provided for in these regulations.
[Ord. No. 976 §1.9, 11-25-1997]
For the purpose of providing for the public health, safety and
general welfare, the Board of Aldermen may, from time to time, amend
the provisions imposed by these Subdivision Regulations. Public hearings
on all proposed amendments shall be held by the Board of Aldermen.
Fifteen (15) days notice of the time and place of such hearing shall
be published in a paper of general circulation in the City.
[Ord. No. 976 §1.10, 11-25-1997]
The subdivision of land is a privilege conferred upon the developer
by the laws of the State of Missouri and through these Subdivision
Regulations. It is the developer who is seeking to acquire the advantages
of lot subdivision and upon him rests the duty of compliance with
reasonable conditions laid down by the Planning Commission and the
Board of Aldermen for design, dedication, improvement and restrictive
use of the land so as to conform to the physical and economical development
of the City and to the safety and general welfare of the future plot
owners in the subdivision and of the community at large.
[Ord. No. 976 §1.11, 11-25-1997]
A.
Procedure For Resubdivision. An existing, platted lot may
be divided by a lot split into not more than two (2) parts which singularly
or combined with the adjoining lot results in the two (2) lots which
meet the minimum size and area requirements of the zoning district
in which the lots are located. The new lots cannot be further subdivided
in the future without replatting.
B.
Procedure For Subdivisions Where Future Resubdivision Is Indicated. Whenever a parcel of land is subdivided and the subdivision plat
shows one (1) or more lots containing more than one (1) acre of land
and there are indications that such lots will eventually be resubdivided
into smaller building sites, the Planning Commission or the Board
of Aldermen may require that such parcel of land allow for the future
opening of streets and the ultimate extension of adjacent streets.
Easements providing for the future opening and extension of such streets
may be made a requirement of the plat.
[Ord. No. 976 §1.12, 11-25-1997]
A.
Any plat
or any part of any plat may be vacated by the owner of the premises,
at any time before the sale of any lot therein, by a written instrument,
to which a copy of such plat shall be attached, declaring the same
to be vacated.
B.
Such
an instrument shall be approved by the Board of Aldermen in like manner
as plats of subdivisions. The Board of Aldermen may reject any such
instrument which abridges or destroys any public rights in any of
its public uses, improvements, streets or alleys. Such an instrument
shall be executed, acknowledged or approved and recorded or filed,
in like manner as plats of subdivisions; and being duly recorded or
filed shall operate to destroy the force and effect of the recording
of the plat so vacated and to divest all public rights in the streets,
alleys and public grounds, and all dedications laid out or described
in such plat.
C.
When
lots have been sold, the plat may be vacated in the manner herein
provided by all the owners of lots in such plat joining in the execution
of such writing.
[Ord. No. 976 §1.13, 11-25-1997]
A.
Where
the Board of Aldermen, upon recommendation of the Planning Commission,
finds that extraordinary hardships or practical difficulties may result
from strict compliance with these regulations, it may approve variations
or exceptions to these Subdivision Regulations so that substantial
justice may be done and the public interest secured, provided that
such variation or exception shall not have the effect of nullifying
the intent and purpose of these regulations; and further provided,
the Planning Commission shall not recommend variations unless it shall
make findings based upon the evidence presented to it in each specific
case that:
1.
The
granting of the variation will not be detrimental to the public safety,
health or welfare or injurious to other property or improvements in
the neighborhood in which the property is located.
2.
The
conditions upon which the request for a variation is based are unique
to the property for which the variation is sought and are not applicable
generally to other property.
3.
Because
of the particular physical surroundings, shape or topographical conditions
of the specific property involved, a particular hardship to the owner
would result, as distinguished from a mere inconvenience, if the strict
letter of these regulations are carried out.
4.
The
variations will not in any manner vary the provisions of the Zoning
Ordinance, Comprehensive Plan or City Street Plan.
B.
Conditions. In recommending variations and exceptions, the
Planning Commission may require such conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
of these regulations.
C.
Procedures. A petition for any such variation 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 of the facts
relied upon by the petitioner.
[Ord. No. 976 §1.14, 11-25-1997]
Any waiver of the required improvements shall be only by the
Board of Aldermen with the recommendation of the Planning Commission
showing that such improvement is not technically feasible.
[Ord. No. 976 §1.15, 11-25-1997]
A.
It shall
be the duty of the City Engineer or Enforcement Officer appointed
by the Board of Aldermen to bring to the attention of the Board of
Aldermen any violations or lack of compliance herewith and it shall
be the duty of the Board of Aldermen to enforce these regulations.
B.
No owner
or agent of the owner, of any parcel of land, located in a proposed
subdivision shall transfer or sell any such parcel before a plat of
such subdivision has been approved by the Board of Aldermen, in accordance
with the provisions of these regulations and filed with the Platte
County Recorder of Deeds.
C.
The subdivision
of any lot or any parcel of land by the use of metes and bounds description
for the purpose of sale, transfer or lease with the intent of evading
these regulations, shall not be permitted. All such described subdivisions
shall be subject to all of the requirements contained in these regulations.
D.
No building
permit shall be issued for the construction of any building or structure
located on a lot or plat subdivided or sold in violation of the provisions
of these regulations.
1.
Abatement and injunctive relief. In the event any subdivision
of land is begun or made in violation of these subdivision regulations,
the Board of Aldermen, Enforcement Officer, Planning Commission, City
Attorney or owner of any private property or any public body, the
property of whom or which is or may be affected by any such violation,
may institute in the Circuit Court any appropriate action or proceeding
to prevent such unlawful subdivision development or to restrain, abate
or correct such violation or to prevent the occupancy of such building
or structure or unlawful use of such land and to prevent any illegal
act, conduct, business or use in or about the premises.
2.
Unapproved plats not to be recorded. No plat of subdivision
of land in the incorporated areas of the City shall be recorded with
the Platte County Recorder of Deeds unless and until such approval
is endorsed on the plat by the Chairman of the Planning Commission.
3.
Violations and penalties. Any person, firm or corporation
who fails to comply with or violates any of these regulations shall
be guilty of an ordinance violation and upon conviction thereof shall
be fined not less than one hundred dollars ($100.00) and not more
than five hundred dollars ($500.00), or by confinement in the City
Jail or Platte County Jail or any suitable detention facility designated
by the Court for not more than ninety (90) days, or by both such fine
and confinement, pursuant to the provisions of Section 89.490, RSMo.
4.
Use of unapproved plat. No owner, or agent of the owner,
of any land located within the platting jurisdiction of the City,
knowingly or with intent to defraud, may transfer, sell, agree to
sell, or negotiate to sell that land by reference to or by other use
of a plat of any purported subdivision of the land before the plat
has been approved by the Board of Aldermen or Planning Commission
and recorded in the office of the Platte County Recorder of Deeds
unless the owner or agent shall disclose in writing that such plat
has not been approved by such Board of Aldermen or Planning Commission
and the sale is contingent upon the approval of such plat by such
Board of Aldermen or Planning Commission. Any person violating the
provisions of this Section shall forfeit and pay to the City 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. The City may enjoin or vacate the transfer or sale
or agreement by legal action, and may recover the penalty in such
action.
[Ord. No. 976 §1.16, 11-25-1997; Ord. No. 1175 §1, 7-11-2000]
The applicant shall submit the following fees at the time of
application to cover costs incurred by the City for actions as described
in these regulations:
|
Item
|
Fee
| |
|---|---|---|
|
Lot Split
|
$100.00
| |
|
Minor subdivision preliminary and final plat fees
|
$300.00 plus $5.00/lot
| |
|
Major subdivision — preliminary plat***
|
$1,000.00 plus $5.00/lot
| |
|
Major subdivision - final plat ***
|
$500.00 plus $5.00/lot
| |
|
Construction plan review***
|
0.50% of construction costs
| |
|
Street signs
|
$140.00/sign
| |
|
Construction observation fee*
|
2.50% of construction costs
| |
|
Fee in lieu of parkland dedication**
|
$75,000.00 per acre of required parkland
| |
|
*
|
The City may reimburse a portion of the Construction Observation
Fee provided that the applicant agrees to provide adequate inspection
by a qualified independent party. The independent construction observer
must be approved by the Enforcement Officer. If in the opinion of
the Enforcement Officer, inspection provided by the independent construction
observer is inadequate, the City reserves the right to issue a stop
order on construction until such time that the construction observer
is improved to a level considered adequate by the Enforcement Officer.
| |
|
**
|
This fee is based on the following assumptions: three (3) single-family
lots per acre of developed land with a fair market value of $25,000.00
per lot.
| |
|
***
|
The City may reimburse a portion of these fees if consulting
and staff expenses related to the project do not exceed the fees paid
by the applicant. The City will bill applicant for consulting and
staff expenses that exceed fees collected on a project. Total fees
for preliminary plat review, final plat review, construction plan
review and construction observation billed by the City shall not exceed
four percent (4%) of the construction costs for the public improvements
a part of the development/application.
| |
