[1]
Editor's Note: Former Sections 410.240, Preliminary Development
Plan, and 410.250, Contents of Preliminary Development Plan, were
repealed 12-4-2023 by Ord. No. 3677. Prior history includes Ord. No.
2766.
[Ord. No. 2766 §1(120.260), 4-1-2002]
A.
Application For Subdivision Approval. Any person desiring
to subdivide land that is subject to the provisions of these Subdivision
Regulations shall file, with the office of the Community Development
Director, a complete application form and the appropriate filing fee.
B.
Filing Of Preliminary Plat. Four (4) copies of the preliminary plat, and additional information as required by Section 410.270, shall be filed with the office of the Community Development Director thirty (30) days prior to the date of the Commission meeting on which the plat is to be heard. The copies of the preliminary plat and all appropriate information shall then be transmitted to the Planning and Zoning Commission for a recommendation to the Board of Aldermen.
[Ord. No. 3638, 3-20-2023]
C.
Filing Fee. The preliminary plat shall not be accepted for
filing or considered a complete application until a filing fee has
been paid by the subdivider and all required drawings and information
submitted.
D.
Contents Of Preliminary Plat. The preliminary plat shall contain information and data set out in Section 410.270 of these Subdivision Regulations.
E.
Distribution And Review Of Preliminary Plat. The Community
Development Director shall distribute a copy of the preliminary plat
to any affected City departments, utility companies or any appropriate
agency or organization qualified to comment on the proposed subdivision.
The Community Development Director shall coordinate general staff
and utility comments and forward along with a staff report to the
Planning and Zoning Commission a recommendation of approval, conditional
approval or denial of the preliminary plat.
F.
Action By The Planning And Zoning Commission On Preliminary Plat. The Planning and Zoning Commission shall consider the preliminary
plat within thirty (30) days of its acceptance as a complete application
or at the next regular meeting for which the plat may be scheduled.
The Planning and Zoning Commission shall review and consider the reports
and recommendations of the agencies, departments and persons to whom
the preliminary plat has been submitted for review.
1.
The Planning and Zoning Commission shall determine, based on the
evidence before it, whether the preliminary plat meets the design
standards and requirements of these Subdivision Regulations and conforms
to the requirements of the zoning regulations and other applicable
provisions of the policies and standards of the City of Harrisonville.
a.
If the preliminary plat does comply with all requirements, the Planning
and Zoning Commission shall recommend approval of the preliminary
plat.
b.
If the preliminary plat is in general compliance but not complete
compliance, the Planning and Zoning Commission may recommend conditional
acceptance of the preliminary plat. The conditions of such acceptance
shall specify the modifications necessary to achieve full compliance.
No final plat shall be recommended for approval unless such modifications
are included to the satisfaction of the Planning and Zoning Commission.
c.
If the preliminary plat is not in compliance with all requirements,
the Planning and Zoning Commission shall recommend disapproval of
the preliminary plat.
2.
If the preliminary plat is not approved, the subdivider may modify
the preliminary plat and re-submit it to the Planning and Zoning Commission.
If the plat is amended and resubmitted within sixty (60) days of the
disapproval of the original preliminary plat, no additional filing
fee shall be required. The Planning and Zoning Commission may reconsider
the preliminary plat at a regular meeting for which the plat may be
scheduled by the Community Development Director.
G.
Effect Of Approval Of Preliminary Plat. Approval of the preliminary plat shall not constitute acceptance of the subdivision but shall be considered permission to submit engineering plans to the City Engineer in preparation for construction of public improvements. Preliminary plat approval shall be effective for two (2) years from the date approval was granted unless, upon the request of the subdivider, the Planning and Zoning Commission grants an extension. If preliminary plat approval expires, the preliminary plat must be resubmitted as if no such plat had ever been approved, unless otherwise allowed for in Subsection (H) of this Section.
H.
Extension Of Preliminary Plat. The applicant may request
one (1) two (2) year extension of the preliminary plat within two
(2) years of the last acceptance date of said preliminary plat or
within two (2) years of the last approved final plat in said subdivision.
An extension of the preliminary plat can only be requested if said
plat remains unchanged from last acceptance.
I.
Construction Plan Submittal. Upon approval of the preliminary
plat, the developer may then proceed with the detailed construction
plans required for all facilities and utilities. When the construction
plans are completed, the developer then may submit the construction
plans and the final plan (or final plat in the case of a staged development)
to the Planning and Zoning Commission and Board of Aldermen for their
review and approval. Said plans may be required to include information
from other agencies.
[Ord. No. 2766 §1(120.270), 4-1-2002; Ord.
No. 3637, 3-20-2023; Ord. No. 3677, 12-4-2023]
The preliminary plat for a subdivision shall be a formal plan,
drawn to scale, indicating prominent existing features of a tract
and its surroundings and the general layout of the proposed subdivision
and shall meet the requirements outlined herein. The preliminary plat
(or accompanying application material) shall have four (4) sets of
plans 24" x 36" and shall contain the following information:
A.
Proposed Name Of The Subdivision And Street Names. Names shall not
duplicate nor closely resemble names of existing subdivisions and
streets.
B.
Location of boundary lines in relation to section, quarter sections
or quarter-quarter section lines and any adjacent corporate boundaries
comprising a legal description of the property.
C.
The names and addresses of the owner, subdivider and engineer or
surveyor.
D.
The scale of the plat shall be sufficient to show the detail as outlined
in this Section.
E.
The date, north point and legend.
F.
A vicinity or general location map showing section lines, the subdivision,
adjacent subdivisions, corporate limits, main traffic arteries and
other prominent features.
G.
The layout, number and approximate dimensions of lots, the number
or letter of each block and the minimum lot size in square feet.
H.
Existing Conditions.
1.
The location, width and name of each existing or platted street
or other public way, utility rights-of-way, parks and other public
open spaces, permanent buildings within or adjacent to the proposed
subdivision and other important features such as section lines and
corners, survey monuments and political subdivision boundaries.
2.
All existing sewers, water mains, gas mains, culverts or other
utilities within the proposed subdivision or immediately adjacent
thereto with pipe size, grade and locations shown.
3.
The names of adjacent subdivisions and property owners within
two hundred (200) feet of proposed subdivision.
4.
Topography (unless specifically waived by the City Engineer)
with contour intervals of not more than two (2) feet referenced to
USGS datum; the location of watercourses, ravines, bridges, lakes,
wooded areas, approximate acreage and such other existing features
as may be pertinent to subdivision. In areas where grades are gentle,
a lesser contour interval may be required.
5.
If a community sewage treatment plant or other type of community
disposal system is to be installed or constructed to serve all or
certain portions of the proposed subdivision, the general plan for
such community type sewage treatment or disposal system shall be shown
and so identified on the preliminary plat.
6.
Areas subject to flooding by a storm having the probability
of occurring once in fifty (50) years and areas in the official 100-year
floodplain (as determined by the Federal Emergency Management Agency)
shall be shown.
7.
Zoning on and adjacent to the tract.
8.
Location, elevation and description of the bench mark controlling
the vertical survey which should, wherever possible, tie to USGS datum.
I.
The following information with respect to the manner in which the
tract is to be subdivided and developed shall be included on the preliminary
plat.
1.
Streets, showing the location, width, names and approximate
grades thereof; the preliminary plat shall show the relationship of
all streets to any projected streets shown on any development plan
adopted by the City. Where the plat submitted includes only a part
of the tract owned by the subdivider, a tentative plan of a proposed
future street system for the unsubdivided portion shall be prepared
and submitted by the subdivider. No street names shall be used which
will duplicate or be confused with the names of existing streets.
Existing street names shall be used where they are or would be logical
extensions of existing streets, even though separated by undeveloped
land. Street names shall be subject to the approval of the City.
2.
Location and size of proposed parks, playgrounds, church or
school sites, or other special uses of land to be considered for dedication
to public use or to be reserved by deed or covenant for the use of
all property owners in the subdivision and any conditions of such
dedication or reservation.
3.
Easements showing width and purpose.
4.
Building setback lines with dimensions.
5.
Sites, if any, to be allocated for development with other than
the principal use.
6.
Location and type of utilities to be installed.
7.
Location and width of proposed sidewalks.
J.
The following data and information shall be submitted with the preliminary
plat. If practical, such data and information may be shown on the
preliminary plat. Otherwise, separate statements and/or maps shall
accompany the preliminary plat.
1.
Proposed deed restrictions, if any, in outline form.
2.
Stages of development sequence if the total area is not proposed
to be developed as one (1) unit.
3.
A statement of the improvements that will be installed by the
developer and the time when such improvements will be completed. This
statement shall be of sufficient detail to permit determination of
whether such improvements will comply with these Subdivision Regulations
and other applicable statutes, ordinances and regulations. If the
nature of the improvements is such that preparation and submittal
of all necessary details prior to the approval of the preliminary
plat is not practical, then the City may waive the submission of such
details.
4.
Preliminary plans and profiles of streets, sanitary sewers,
storm sewers and water lines may be required. The location of bridges
and culverts may also be required.
[Ord. No. 2766 §1(120.280), 4-1-2002]
A.
Filing Of The Final Plat. Four (4) copies of the final plat
and three ( 3) copies of final improvement plans shall be filed with
the office of the Community Development Director and City Engineer
thirty (30) days prior to the date of the meeting on which the plat
is to be heard. The copies of the final plat and all appropriate information
shall then be transmitted to the Planning and Zoning Commission for
a recommendation and then forwarded to the Board of Aldermen for approval.
[Ord. No. 3638, 3-20-2023]
B.
Official Submission Date. For the purpose of these Subdivision
Regulations the date of the regular meeting of the Planning and Zoning
Commission at which the final approval of the subdivision plat, including
any adjourned date thereof, is closed, shall constitute the official
submittal date of the plat at which the sixty (60) day period required
by Section 89.420, RSMo., for formal approval or disapproval of the
plat will commence.
C.
Action By The Planning And Zoning Commission. The Planning
and Zoning Commission shall recommend approval, conditional approval
or disapproval of the final plat. If the Planning and Zoning Commission
recommends disapproval of the final plat, it shall advise the subdivider
of the reasons for such recommendation. The Planning and Zoning Commission
shall recommend approval of a final plat if it is:
1.
Substantially the same as the approved preliminary plat;
2.
There has been compliance with all conditions, restrictions and requirements
of this Chapter and of all other applicable ordinances and design
standards of the City;
3.
There has been compliance with any condition that may have been attached
to the approval of the preliminary plat or applicable zoning ordinance.
D.
Failure Of The Planning And Zoning Commission To Act On The Final
Plat. If the Planning and Zoning Commission fails to act
on the final plat within sixty (60) days after it has been considered
for final approval, it shall be deemed to have been recommended for
approval.
E.
Submission Of Plat To The Board of Aldermen. Before a final
plat is recorded and after a recommendation by the Planning and Zoning
Commission, the Board of Aldermen shall either approve, conditionally
approve or disapprove the final plat and accept or reject the dedication
of land for public purposes within thirty (30) days after the first
(1st) meeting of the Board of Aldermen. The action of the Planning
and Zoning Commission and the Board of Aldermen shall be conveyed
to the subdivider within ten (10) days of the meeting of the Board
of Aldermen at which the plat was considered. If the final plat is
disapproved, the subdivider shall be notified of the reasons for such
disapproval. Acceptance of the dedication shall be shown over the
signature of the Mayor and attested by the City Clerk. If the Board
of Aldermen rejects any dedications on the final plat, they shall
advise the subdivider of the reasons for such rejection. In approving
or disapproving a final plat, the Board of Aldermen may consider any
matter that affects the welfare of the City.
F.
Staged Development Of Final Plat. The foregoing provisions
of these Subdivision Regulations to the contrary notwithstanding,
an approved preliminary plat may be submitted for final approval in
separate geographic units rather than as a whole, provided the following
conditions are met:
1.
Each unit of a plat of subdivision for single-family residences shall
contain an area of sufficient size based on physical conditions and
ability to install improvements economically. Such units should, if
possible, contain at least twenty (20) lots.
2.
The approval of the Planning and Zoning Commission upon the advice
of the City Engineer as to the feasibility of such development, in
separate units, including the feasibility of the proposed sequence
of development shall be secured.
3.
A final plat of at least one (1) unit shall be submitted for approval
within one (1) year from the date of approval of the preliminary plat
and final plats of all such units shall be submitted for approval
within five (5) years from date that the preliminary plat was approved.
The City upon application of the subdivider may from time to time
grant extensions on time within which to submit final plats, provided
that each such extension shall be for no more than one (1) year.
4.
All steps required for the approval of final plats, including the
recording thereof, shall be adhered to with respect to each unit so
submitted.
G.
Building And Other Permits. No building permits or occupancy
certificates shall be issued for a building or structure on any lot,
tract or parcel of any subdivision that is subject to the provisions
of these Subdivision Regulations until a copy of the recorded plat
of subdivision is available for examination by the official charged
with issuing building permits and/or occupancy certificates. No such
permits or certificates shall be issued until there has been compliance
with all of the provisions of these Subdivision Regulations and conditions
of plat approval. Building permits will not be issued until all public
improvements are installed and accepted by the City of Harrisonville.
H.
Recording Of The Final Plat. No plat shall be recorded or
filed with the office of the Recorder of Deeds until such plat has
been approved by the Board of Aldermen; all dedications of rights-of-way,
easements and other property have been accepted by the Board of Aldermen;
and the design and financing of all improvements has been agreed to
by both the subdivider and the Board of Aldermen. The financial responsibility
for the cost of recording the plat with the Recorder of Deeds shall
be borne solely by the subdivider. The subdivider must record the
final plat within one hundred eighty (180) days from the date of approval
or such plat is null and void.
I.
Applications For Vacation Of Streets Or Reservations. Copies
of the application shall be filed in both the office of the City Clerk
and the office of the City Engineer. The application shall be accompanied
by a legal description and survey or such other drawing acceptable
to the City Engineer depicting the street, alley or public reservation
sought to be vacated and the properties and property ownership surrounding
said street, alley or public reservation.
1.
Applications to vacate a street, alley, utility easement or other
public reservation by ordinance may only be considered at a public
hearing following notice to surrounding property owners as provided
in these Subdivision Regulations and publication notice as hereinafter
provided. Notice shall be published for two (2) consecutive weeks
in an official City newspaper. The notice shall state that an application
for vacation has been fled, describing the property fully and that
a hearing thereon before the Board of Aldermen will be held on a date
certain after the completion of such publication notice, naming the
day on which the hearing will be held and that at such time and place
all persons interested can appear and be heard concerning the application.
2.
The Community Development Director may determine that it would be
advisable to obtain the recommendation of the Planning and Zoning
Commission concerning a vacation application prior to the public hearing
before the Board of Aldermen. In that event, the Planning and Zoning
Commission shall hold its own public hearing on the application following
publication notice and notice to surrounding property owners in accordance
with the provisions for public hearings. At the conclusion of any
such hearing, the Planning and Zoning Commission shall submit its
recommendation on the application to the Board of Aldermen.
3.
At the time designated in the publication notice for its hearing,
the Board of Aldermen shall proceed to hear the application or may
adjourn the hearing from time to time to some day and hour certain,
as deemed necessary, and which adjournment shall be noted upon the
record of the proceedings thereof. At the hearing, the Board of Aldermen
shall hear such testimony as may be presented or required in order
to fully understand the true nature of the application and the property
of granting the same.
4.
The Board of Aldermen shall approve the application if it determines
from the evidence that:
J.
Dedications Of Rights-Of-Way.
1.
When a land use permit or building permit is requested on a lot or
tract abutting a public street, the Community Development Director
shall determine that adequate right-of-way exists on that portion
of the public street abutting the property. The minimum right-of-way
shall be determined based upon the classification of the abutting
street. Classification of the abutting street shall be determined
by reference to the Comprehensive Plan and the major street plan;
or, if the classification is not designated on any of such documents,
the City Engineer shall determine the street classification by reference
to existing or planned land uses of abutting properties and the major
street plan.
2.
Once the street classification has been determined, right-of-way
requirements shall be calculated in an amount equal to one-half (½)
of the total right-of-way requirement established for such street
classification in the major street plan. Where the property lies on
both sides of the public street, the right-of-way requirement shall
be equal to the amount set forth in said plan.
3.
No special use permit, zoning amendment or building permit shall
be issued for any lot or tract where the abutting right-of-way does
not clearly comply with the right-of-way requirements until title
for the additional required right-of-way has been conveyed to the
City by plat or deed and accepted by the Board of Aldermen.
4.
Any requirement for dedication of right-of-way pursuant to this Section
may be waived by the Director of Community Development or City Engineer
where the permit being requested does not result in a change or expansion
of use of the property or an increase in the square footage of any
building.
5.
Easements/dedications. Where development or construction
will require easements and right-of-way dedications outside subdivision
plat boundaries, no approval of construction plans for developments
will be granted until verification of the recording of all easements
and right-of-way dedications has been received.
[Ord. No. 2766 §1(120.290), 4-1-2002; Ord.
No. 3638, 3-20-2023]
A.
The final plat shall be a complete and exact subdivision plat, prepared
for official recording as required by statute, to define property
boundaries, proposed streets and dedications.
B.
The final plat shall be prepared by a registered land surveyor or
engineer in the State of Missouri and bear his/her official seal.
C.
After the final plat has been approved by the City and rights-of-way
and easements have been accepted by the Board of Aldermen, a minimum
of four (4) copies of the final plat shall be submitted to the City
of Harrisonville.
D.
The final plat prepared for recording purposes shall be drawn at
a scale of no less than one (1) inch equals one hundred (100) feet.
The size of the sheets on which final plats are submitted shall be
twenty-four (24) inches by thirty-six (36) inches. Four (4) sets shall
be submitted for initial review. Each sheet shall have a one and one-quarter
(1 1/4) inch binding edge along the left side (narrow dimension)
and a one-quarter (1/4) inch border along all other sides. Where the
proposed plat is of unusual size, the final plat shall be submitted
on two (2) or more sheets of the same dimensions. If more than two
(2) sheets are required, an index sheet of the same dimensions shall
be filed showing the entire development at a smaller scale.
[Ord. No. 3677, 12-4-2023]
E.
The final plat shall show and contain the following information:
1.
The name of the subdivision (not to duplicate or closely approximate
the name of any existing subdivision).
2.
The location by section, township, range, County and State and
including legal 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 not more than one (1) in three thousand (3,000)
for residential subdivisions and one (1) in ten thousand (10,000)
for commercial subdivisions. All calculations shall be furnished showing
bearings and distances of all boundary lines and lot lines.
3.
The location of the boundary 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.
4.
The 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 angle points and points of curve to lot lines.
5.
Lots shall be clearly numbered. If blocks are to be numbered
or lettered, these should be shown clearly in the center of the block.
6.
The exact locations, right-of-way widths and names of all streets
to be dedicated and the right-of-way width and name of any existing
streets.
7.
The location and width of all easements to be dedicated. If
the easement is being dedicated by the plat, it shall be properly
referenced in the owner's certification of dedication.
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.
Building setback lines on front and side streets with dimensions.
10.
The location and type of all monuments required to be installed
by the provisions of these Subdivision Regulations. All monuments
set shall be of the prescribed and approved type as set forth by the
"Minimum Standards for Property Boundary Surveys," the Missouri Department
of Natural Resources, Division of Geology and Land Survey, and must
be set by a licensed Missouri professional land surveyor.
11.
The names of adjoining subdivisions.
12.
The names and addresses of the developer, surveyor and/or professional
engineer making the plat.
13.
The regulatory flood elevation.
14.
Statement dedicating all easements, streets, alleys and all
other public areas not previously dedicated.
15.
The following certificates, which may be combined where appropriate:
a.
A certificate signed and acknowledged by all parties having
any record, title or interest in the land subdivided and consenting
to the preparation and recording of said subdivision map.
b.
A certificate signed and acknowledged as above, dedicating or
reserving all parcels of land shown on the final plat and intended
for any public or private use, including easements and those parcels
which are intended for the exclusive use of the lot owners of the
subdivision, their licensees, visitors, tenants and servants.
c.
The acknowledgment of a notary in the following form:
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State of
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County of
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Be it remembered that on this _____ day of __________, 20_____,
before me, a notary public in and for said County and State, came
__________, to me, personally known to be the same person who executed
the foregoing instrument of writing and duly acknowledged the execution
of same. In testimony whereof, I have hereunto set my hand and affixed
my notarial seal the day and year above written.
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(SEAL) Notary Public
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My Commission Expires:
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d.
The certificate of the Planning and Zoning Commission in the
following form:
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This plat of __________ addition has been submitted to and approved
by the Harrisonville Planning and Zoning Commission this _____ day
of _____, 20_____.
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Planning and Zoning Commission Chairman
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e.
The approval of the plat and acceptance of easements and rights-of-way
by the Board of Aldermen in the following form:
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This plat of __________ including easements and rights-of-way
accepted by the Board of Aldermen has been submitted to and approved
by the Harrisonville Board of Aldermen by Ordinance No. __________,
duly passed and approved by the Mayor of Harrisonville, Missouri,
on the _____ day of __________, 20_____.
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(SEAL)
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Mayor
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ATTEST:
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City Clerk
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City Engineer
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Community Development Director
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f.
A blank space for noting entry on the transfer record in the
following form:
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Entered on transfer record this _____ day of _____, 20_____.
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Deputy County Recorder of Deeds
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F.
Supplemental Information To Be Submitted With Final Plat. The following
additional data shall be submitted with the final plat if requested
by staff, the Planning and Zoning Commission or the Board of Aldermen:
1.
A title report by an abstract or a title insurance company or
an attorney's opinion of title showing the name of the owner of the
land and all other persons who have an interest in or an encumbrance
on the plat. The consent of all such persons shall be shown on the
plat.
2.
A certificate showing that all taxes and special assessments
due and payable have been paid in full; or if such taxes have been
protested as provided by law, monies or other sufficient escrows guaranteeing
such payment of taxes in the event the protest is not upheld may be
placed on the deposit with such officials or governing bodies to meet
this requirement.
3.
A copy of any deed restrictions applicable to the subdivision.
[Ord. No. 2766 §1(120.300), 4-1-2002; Ord.
No. 3503, 8-3-2020; Ord. No. 3638, 3-20-2023]
A.
Applicability. Minor plats may include:
B.
General Requirements.
1.
Lot Size. Lots created or resulting from a minor plat shall
meet or exceed the minimum lot size requirements of the individual
zoning district in which located; and
2.
Public Improvements. No building permit shall be issued for
a lot or tract resulting from a minor plat unless all required public
improvements for the minor plat have been substantially completed;
and
3.
Dedication Requirements. A minor plat may not include a new
street to be dedicated to the City. A minor plat may include the dedication
of an additional right-of-way on an existing dedicated street, subject
to the approval of the City Engineer. A minor plat may include the
dedication of utility easements.
C.
An application for a minor plat shall be accompanied by four (4)
sets of plans twenty-four (24) inches by thirty-six (36) inches in
size and shall contain information and signature blocks similar to
that of a final plat, except that minor plats do not require signature
blocks for the Planning and Zoning Commission or the Board of Aldermen
or the City Clerk.
[Ord. No. 3677, 12-4-2023]
