[Ord. No. 10.060, 4-10-1978]
A.
The Planning Commission shall make and adopt a City plan for the
physical development of the City of Hallsville. The City plan, with
the accompanying maps, plats, charts, and descriptive and explanatory
matter, shall show the Commission's recommendations for the physical
development and uses of land and may include, among other things,
the general location, character and extent of streets and other public
ways, grounds, places and spaces; the general location and extent
of public utilities and terminals, whether publicly or privately owned,
the acceptance, widening, removal, extension, relocation, narrowing,
vacation, abandonment or change of use of any of the foregoing; the
general character, extent and layout of the replanning of blighted
districts and slum areas.
B.
The Commission may also prepare a zoning plan for the regulation
of the height, area, bulk, location and use of private, non-profit,
public structures and premises, and of population density, but the
adoption, enforcement and administration of the zoning plan shall
conform to the provisions of Sections 89.010 to 89.250 of the Revised
Statutes of Missouri.
[Ord. No. 10.070, 4-10-1978]
In the preparation of the City Plan, the Planning Commission
shall make careful and comprehensive surveys and studies of the existing
conditions and probable future growth of the City of Hallsville. Plans
shall be made for the general purpose of guiding and accomplishing
a coordinated development of the City, which will, in accordance with
existing and future needs, best promote the general welfare, as well
as efficiency and economy in the process of development.
[Ord. No. 10.080, 4-10-1978]
A.
The Planning Commission may adopt the plan as a whole by a single
resolution, or, as the work of making the whole City plan progresses,
may from time to time adopt a part or parts thereof, any part to correspond
generally with one (1) or more of the functional subdivisions of the
subject matter of the plan.
B.
Before the adoption, amendment or extension of the plan or portion
thereof, the Commission shall hold at least one (1) public hearing
thereon. Fifteen (15) days' notice of the time and place of such hearing
shall be published in at least one (1) newspaper having general circulation
within the municipality. The hearing may be adjourned from time to
time.
C.
The adoption of the plan requires a majority vote of the full membership
of the Planning Commission.
D.
The resolution shall refer expressly to the maps, descriptive matter
and to other matters intended by the Commission to form the whole
or part of the plan and the action taken shall be recorded on the
adopted plan or part thereof by the identifying signature of the Secretary
of the Commission and filed in the Office of the Commission, identified
properly by file number and a copy of the plan or part thereof, shall
be certified to the Board of Aldermen and to the Municipal Clerk and
a copy recorded in the Office of the County Recorder of Deeds and
shall be available at the Municipal Clerk's office for public inspection
during normal office hours.
[Ord. No. 10.090, 4-10-1978]
The Commission may make reports and recommendations relating
to the Plan and development of the municipality to public officials
and agencies, public utility companies, civic, educational, professional
and other organizations and citizens. It may recommend to the executive
or legislative officials of the municipality programs for public improvements
and the financing thereof. All public officials shall, upon request,
furnish to the Commission, within a reasonable time, all available
information it requires for its work. The Commission, its members
and employees, in the performance of its functions, may enter upon
any land to make examinations and surveys. In general, the Commission
shall have the power necessary to enable it to perform its functions
and promote municipal planning.
[Ord. No. 10.100, 4-10-1978]
A.
Whenever the Commission adopts the plan of the municipality or any
part thereof, no street or other public facilities, or no public utility,
whether publicly or privately owned, and the location, extent and
character thereof, having been included in the recommendations and
proposals of the plan or portions thereof, shall be constructed or
authorized in the municipality until the location, extent and character
thereof has been submitted to and approved by the Planning Commission.
B.
In case of disapproval, the Commission shall communicate its reasons
to the Board, and the Board, by a vote of not less than two-thirds
(2/3) of its entire membership, may overrule the disapproval, and
upon the overruling, the Board or the appropriate Board or Officer
may proceed, except that if the public facility or utility is one
that the authorization of financing of which does not fall within
the province of the Board, then the submission to the Planning Commission
shall be by the Board having jurisdiction, and the Planning Commission's
disapproval may be overruled by that Board by a vote of not less than
two-thirds (2/3) of its entire membership.
C.
The acceptance, widening, removal, extension, relocation, narrowing,
vacation, abandonment, change of use, acquisition of land for sale
or lease of any street or other public facility is subject to similar
submission and approval, and the failure to approval may be similarly
overruled.
D.
The failure of the Commission to act within sixty (60) days after
the date of official submission to it shall be deemed approval.
[Ord. No. 10.120, 4-10-1978]
When the Planning Commission adopts the City Plan, which includes
at least a major street plan or progresses to the making and adoption
of a major street plan, and files a certified copy of the major street
plan in the Office of the County Recorder of Deeds, no plat of a subdivision
of land lying within the corporate limits of the City of Hallsville
shall be filed or recorded until it has been submitted to and a report
and recommendation thereon made by the Commission to the Board of
Aldermen and the Board has approved the plat as provided by law.
A.
The Planning Commission shall recommend and the Board of Aldermen may by ordinance adopt regulations governing the subdivision of land within its jurisdiction. The regulations, in addition to the requirements provided by law for the approval of plats, may provide requirements for the coordinated development of the City; 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 City; for adequate open spaces for traffic, recreation, light and air; and for a distribution of population and traffic; provided that, the City may only impose requirements for the posting of bonds, letters of credit or escrows for subdivision-related improvements as provided for in Subsections (B) to (E) of this Section.
B.
The regulation may include requirements as to the extent and the
manner in which the streets of the subdivision or any designated portions
thereto shall be graded and improved as well as including requirements
as to the extent and manner of the installation of all utility facilities.
Compliance with all of these requirements is a condition precedent
to the approval of the plat. The regulations or practice of the Board
of Aldermen may provide for the tentative approval of the plat previous
to the improvements and utility installations; but any tentative approval
shall not be entered on the plat. The regulations may provide that,
in lieu of the completion of the work and installations previous to
the final approval of a plat, the Board of Aldermen shall accept,
at the option of the developer, an escrow secured with cash or an
irrevocable letter of credit deposited with the City. The City may
accept a surety bond, and such bond shall be in an amount and with
surety and other reasonable conditions, providing for and securing
the actual construction and installation of the improvements and utilities
within a period specified by the Board of Aldermen and expressed in
the bond. The release of any such escrow, letter of credit, or bond
by the City shall be as specified in this Section. The Board of Aldermen
may enforce the escrow or bond by all appropriate legal and equitable
remedies. The regulations may provide, in lieu of the completion of
the work and installations previous to the final approval of a plat,
for an assessment or other method whereby the Board of Aldermen is
put in an assured position to do the work and make the installations
at the cost of the owners of the property within the subdivision.
The regulations may provide for the dedication, reservation or acquisition
of lands and open spaces necessary for public uses indicated on the
City plan and for appropriate means of providing for the compensation,
including reasonable charges against the subdivision, if any, and
over a period of time and in a manner as is in the public interest.
C.
The regulations shall provide that in the event a developer who has posted an escrow, or letter of credit, or bond with the City in accordance with Subsection (B) of this Section transfers title of the subdivision property prior to full release of the escrow, letter of credit, or bond, the municipality shall accept a replacement escrow or letter of credit from the successor developer in the form allowed in Subsection (B) of this Section and in the amount of the escrow or letter of credit held by the City at the time of the property transfer, and upon receipt of the replacement escrow or letter of credit, the City shall release the original escrow or letter of credit in full and release the prior developer from all further obligations with respect to the subdivision improvements if the successor developer assumes all of the outstanding obligations of the previous developer. The City may accept a surety bond from the successor developer in the form allowed in Subsection (B) of this Section and in the amount of the bond held by the City at the time of the property transfer, and upon receipt of the replacement bond, the City shall release the original bond in full, and release the prior developer from all further obligations with respect to the subdivision improvements.
D.
The
regulations shall provide that any escrow or bond amount held by the
City to secure actual construction and installation on each component
of the improvements or utilities shall be released within thirty (30)
days of completion of each category of improvement or utility work
to be installed, minus a maximum retention of five percent (5%), which
shall be released upon completion of all improvements and utility
work. The City shall inspect each category of improvement or utility
work within twenty (20) business days after a request for such inspection.
Any such category of improvement or utility work shall be deemed to
be completed upon certification by the City that the project is complete
in accordance with the ordinance of the City, including the filing
of all documentation and certifications required by the City, in complete
and acceptable form. The release shall be deemed effective when the
escrow funds or bond amount are duly posted with the United States
Postal Service or other agreed-upon delivery service or when the escrow
funds or bond amount are hand-delivered to an authorized person or
place as specified by the owner or developer.
E.
If
the City has not released the escrow funds or bond amount within thirty
(30) days as provided in this Section or provided a timely inspection
of the improvements or utility work after request for such inspection,
the City shall pay the owner or developer in addition to the escrow
funds due the owner or developer, interest at the rate of one and
one-half percent (1 1/2 %) per month calculated from the expiration
of the thirty-day period until the escrow funds or bond amount have
been released. Any owner or developer aggrieved by the City's failure
to observe the requirements of this Section may bring a civil action
to enforce the provisions of this Section. In any civil action or
part of a civil action brought pursuant to this Section, the court
may award the prevailing party or the City the amount of all costs
attributable to the action, including reasonable attorneys' fees.
F.
Nothing
in this Section shall apply to performance, maintenance and payment
bonds required by the City.
G.
Before
adoption of its subdivision regulations or any amendment thereof,
a duly advertised public hearing thereon shall be held by the Board
of Aldermen.
H.
The provisions of Subsection (B) of this Section requiring the acceptance of an escrow secured by cash or an irrevocable letter of credit, rather than a surety bond, at the option of the developer, all of the provisions of Subsection (C) of this Section, and the provisions of Subsections (D) and (E) of this Section regarding an inspection of improvements or utility work within twenty (20) business days shall not apply to any home rule city with more than four hundred thousand (400,000) inhabitants and located in more than one county.
I.
Notwithstanding
the provisions of Section 290.210, RSMo., to the contrary, improvements
secured by escrow, letter of credit, or bond as provided in this Section
shall not be subject to the terms of Sections 290.210 to 290.340 unless
they are paid for wholly or in part out of public funds.
[Ord. No. 10.140, 4-10-1978]
Within sixty (60) days after 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-day period. The ground of disapproval of any plat by the Commission
shall be made a matter of public record.
[Ord. No. 10.150, 4-10-1978]
The approval of a plat by the Commission does not constitute
or effect an acceptance by the City of Hallsville or the public of
the dedication to public use of any street or other grounds shown
upon the plat.
[Ord. No. 10.160, 4-10-1978]
Upon adoption of a major street plan and subdivision regulations,
the City shall not accept, lay out, open, improve, grade, pave or
light any street, lay or authorize the laying of water mains, sewers,
connections or other utilities in any street within the City unless
the street has received the legal status of a public street prior
to the adoption of a City plan; or unless the street corresponds in
its location and lines with a street shown on a subdivision plat approved
by the Board or Planning Commission or on a street plan made by and
adopted by the Commission. The Board may locate and construct or may
accept any other street if the ordinance or other measure for the
location and construction or for the acceptance is first submitted
to the Commission for its approval and adopted by the Commission,
or if disapproved by the Commission, is passed by the affirmative
vote of not less than two-thirds (2/3) of the entire membership of
the Board.
[Ord. No. 10.170, 4-10-1978]
After the adoption of the major street plan, no building permit shall be issued for and no building shall be erected on any lot within the territorial jurisdiction of the Commission unless the street giving access to the lot upon the building is proposed to be placed conforms to the requirements of Section 400.120.
[Ord. No. 10.180, 4-10-1978]
A.
Whenever a plan for major streets has been adopted, the Board, upon
recommendation of the Planning Commission, shall regulate and limit
and amend by ordinance, building or setback lines on major streets,
and shall prohibit any new building being located within building
or setback lines. When a plan for proposed major streets or other
public improvements has been adopted, the Board shall prohibit any
new building being located in the proposed site or right-of-way when
the center line of the proposed street with the limits of the proposed
sites have been carefully determined and are accurately delineated
on maps approved by the Planning Commission and adopted by the Board.
B.
In accordance with RSMo. §89.080, there is hereby created a
Board of Adjustment which shall have the power to modify or vary the
regulations adopted by the Board regarding building or setback lines
on major streets. The personnel, length of terms, method of appointment
and organization of the Board of Adjustment for building line regulations
shall be the same as the Board of Zoning Adjustment.
