[Ord. No. 99-1 §1(24-51), 1-11-1999]
This Article is intended to avoid confusion or undue hardships
for either the developer or the Planning and Zoning Commission during
the planing process. A step-by-step procedure for platting and subdividing
land is outlined for the developer and the Planning and Zoning Commission.
[Ord. No. 99-1 §1(24-52), 1-11-1999]
A.
A landowner
with a parcel of land, platted or unplatted, who desires to split
the parcel into two (2) or more tracts, any one (1) of which is less
than five (5) acres, must plat and obtain plat approval.
B.
All
plats which have not received approval in the preliminary stage, as
set forth herein, or previously recorded at the time of passage of
this Chapter shall be subject to all of its provisions.
[Ord. No. 99-1 §1(24-53), 1-11-1999]
A.
Purpose. The purpose of the pre-application procedure is
to provide for an informal review of a proposed subdivision with the
developer and appropriate City Officials. This informal review will
give the developer an opportunity to become familiar with plat and
subdivision regulations and to secure guidance as to what will be
required before incurring substantial expense in making detailed plans.
B.
Pre-Application Conference. A developer contemplating the
development of a new subdivision will request a pre-application review
conference with the City subdivision review team. The subdivision
review team shall consist of the City Administrator, the General Manager
of the Municipal Utilities, the Code Enforcement Officer or City Engineer,
the head of the Department of Emergency Services and the Director
of Law Enforcement.
C.
Proposed Plat. The developer should prepare and bring to
the conference a rough sketch of the proposed subdivision together
with notations as to the following principal features of the location:
1.
General reference to boundaries of proposed subdivision;
2.
General topographic conditions, including highest and lowest points,
natural drainage ways, streams and water bodies;
3.
Forest or wooded areas;
4.
Existing buildings;
5.
Proposed street layout;
6.
General location and types of land uses to be developed.
[Ord. No. 99-1 §1(24-54), 1-11-1999]
The steps contained in this Section shall be followed for all
subdividing, resubdividing, platting and replatting of land in the
City.
A.
Step 1. The developer shall file the following with the
City Engineer:
1.
Eight (8) copies of the preliminary plat as described by these regulations;
2.
A filing fee of one hundred dollars ($100.00);
3.
A formal irrevocable offer of the owner for dedication to public
use of all streets, alleys, parks, public lands, shown thereon, and
the granting of all easements required;
4.
A statement on the plat which states that when the City accepts the
street right-of-way shown on the plat as property, the City is under
no obligation to improve the streets or to accept the streets for
public maintenance.
B.
Step 2. The City Engineer will advise the City Administrator,
the Board of Parks and Recreation and the Municipal Utilities of the
proposed subdivision, requesting their review and comments.
C.
Step 3. The Planning and Zoning Commission at the next regular
meeting occurring seven (7) days or more after the preliminary plat,
filing fee, dedication, etc., is filed shall consider the plat. The
Commission shall arrive at a decision on the preliminary plat within
sixty (60) days of the first (1st) meeting, except the Commission
with the consent of the developer may extend the sixty (60) day period.
1.
If approved by the Commission, the plat shall be sent to the City
Council for tentative approval and acceptance by the City of the dedication
to public use of any street and public ground shown on the plat; or
2.
If approved with conditions, the developer shall revise the preliminary
plat to conform to such conditions, then proceed with Step 3; or
3.
If the Commission cannot reach a decision within the time period,
the developer may proceed to Step 4; or
4.
If disapproved, the Commission shall provide a written statement
to the developer stating the grounds for disapproval addressing:
D.
Step 4. The City Council shall review all preliminary plats
completing Step 3 (1) or stalled at Step 3, may tentatively approve
the preliminary plat. The tentatively approved plat constitutes an
acceptance of the plat including rights-of-way for streets, alleys,
easements, drainage ways and land dedicated for public use, but does
not include improvements such as utilities, street paving or the proposed
subdividing of blocks into lots.
E.
Step 5. The developer shall proceed with the preparation
of the final subdivision plat. The developer may begin construction
of the plat improvements.
F.
Step 6. The developer shall file the following with the
City Engineer:
1.
The original drawing and five (5) copies of the final subdivision
plat or proposed subdivision drawing at the one (1) inch equals one
hundred (100) foot scale;
2.
A copy of all subdivision covenants;
3.
A filing fee of fifteen dollars ($15.00) per lot less the filing
fee paid for the preliminary plat by the developer.
G.
Step 7. Prior to approval of the final plat by the City
Council, the developer shall agree in writing in a form provided by
the City Attorney that he/she will:
1.
Install the required improvements in accordance with City standards
prior to being issued a building permit. The construction and installation
of required improvements may be to each lot for which a building permit
is requested, however, no building permit shall be issued for construction
on any lot within any subdivision until construction and installation
of required improvements have been completed within the subdivision
for and to the lot for which the building permit is to be issued;
or
2.
Provide a performance bond or escrow account, set up according to
terms of the City, in an amount sufficient to ensure satisfactory
construction, installation and dedication of the required improvements.
If an escrow account is chosen by the developer, estimates of completed
improvements may be presented to the City Council together with a
request for release of funds in the amount of completed improvements.
Upon certification by the City Engineer that such improvements have
been completed to City standards and specifications, the City Council
may release that portion of funds in the escrow account. Before final
withdrawal of funds from the escrow account, the developer shall certify
to the City that all bills have been paid for materials and work on
the required improvements.
Building permits will be issued to any lot or area for which
improvements have been completed, unless the City Engineer waives
such requirement. In those cases where a performance bond or escrow
account has been posted and the required improvements have not been
installed within two (2) years, the City may thereupon declare the
developer to be in default and require that all improvements be installed
regardless of the extent of the building development at the time of
default.
H.
Step 8. The Planning and Zoning Commission shall consider
the final subdivision plat or proposed subdivision at the next regular
meeting occurring seven (7) days or more after the filing and arrive
at a decision within forty (40) days of the first (1st) meeting. The
approval and the date thereof shall be shown on the drawing over the
signature of the Commission Chairman. If disapproved, the Commission
shall state in writing the reasons for its disapproval and refer specifically
to those parts of the City plan, the zoning ordinance or this Chapter
to which the plan or subdivision does not comply.
I.
Step 9. The City Council shall review the plat or subdivision
and report of the Planning and Zoning Commission and may give its
final approval of the subdivision and acceptance of streets and improvements.
The approval of the final subdivision plat shall be shown over the
signature of the Mayor and attested to by the City Clerk on the original
drawing. After approval, the City Clerk shall file the plat with the
County Recorder's office. The recording fee shall be paid by the developer
and the City shall provide as many copies of the filing certification
as requested by the developer.
[1]
State Law References — Commission to make recommendations
to council on plats, §89.400, RSMo.; municipal authority to accept
bond in lieu of completion of subdivision improvements, §89.410(2),
RSMo.; commission to approve plats, §89.420, RSMo.; commission
approval does not constitute acceptance by municipality or public,
§89.430, RSMo.; plats to be accepted by council, acknowledged
and recorded, §445.030, RSMo.
[Ord. No. 99-1 §1(24-55), 1-11-1999; Ord. No. 2001-102 §1, 12-10-2001]
A.
If
a proposed subdivision of land has frontage on existing streets, not
involving any new street or road or the extension of municipal facilities
or the creation of any public improvements and not adversely effecting
development of the remainder of the parcel or adjoining property and
not in conflict with any provision or portion of the City plan, major
street plan, zoning ordinances or otherwise within these regulations,
the owner may proceed with the minor subdivision procedure, thus circumventing
the normal requirements for subdividing as outlined in this Chapter.
B.
The applicant shall be required to submit the items set forth in Step 1 of Section 410.330 to the City Engineer for review by the City's subdivision review team.
C.
The
City subdivision review team shall review the proposed minor subdivision
for conformance with the applicable subdividing and zoning regulations
and for the possible effect of the proposed subdivision on any approved
plan.
D.
The City Engineer shall within fourteen (14) days of the filing of the application approve, approve conditionally or reject the minor subdivision proposal. The applicant shall be notified in writing of the action taken by the City subdivision review team. If the application is approved, the applicant shall move to Step 6 of Section 410.330 for the final plat procedure. When conditional approval is granted, the conditions imposed shall be complied with prior to being approved for submission as a final plat. If the application is rejected, the applicant must proceed through the plat preparation and approval procedures otherwise applicable.
[Ord. No. 2003-121 §1(24-56), 12-29-2003; Ord. No. 2015-47 §1, 7-13-2015]
A.
Non-compliance A Violation. It shall be an ordinance
violation, unless exempted under this Section, for a person to sell,
buy or otherwise transfer any future or present interest in real estate
within a platted subdivision of the City if the sale results in the
resubdivision of the platted property, including the combining of
lots or splitting of lots, without there being filed a minor subdivision
plat of the combined or split lots which has been approved by the
City.
B.
Lot Combinations Or Splits. The Zoning Administrator
has the authority to approve a minor subdivision replat involving
lot combinations or lot splits in which the configuration of the property
is created by the combination or splitting of platted lots of existing
subdivisions of the City under the following circumstances.
1.
Lot combination or splitting — no substantial
impact. A lot combination or splitting upon a finding by
the Zoning Administrator that the proposed lot combination or splitting
does not substantially increase the potential for development or does
not substantially increase demands on public infrastructure serving
existing and proposed tracts, parcels or lots, and the following conditions
are satisfied:
a.
The proposed lot combination or splitting is in compliance with
all other provisions of this Article, the Zoning Ordinance and other
ordinances and regulations of the City and no substandard tract, parcel
or lot will be created, and
b.
The proposed lot combination or splitting will not create any
tract, parcel or lot which does not meet the minimum lot standards
of the zoning district in which it is located, and
c.
The proposed lot combination or splitting shall not cause any
construction over a public utility or service, and
d.
The proposed lot combination or splitting is consistent with
the surrounding area. In determining consistency, the size and dimensions
of lots previously developed, the layout and design of existing subdivisions
and the degree of deviation from previous development shall be considered.
2.
Lot combination or splitting — substantial impact. A lot combination or splitting upon a finding by the Officer that
the proposed lot combination or splitting substantially increases
the potential for development or substantially increases demands on
public infrastructure serving existing and proposed tracts, parcels
or lots, and the following conditions are satisfied:
a.
The proposed lot combination or splitting is in compliance with
all other provisions of this Article, the Zoning Ordinance and other
ordinances and regulations of the City and no substandard tract, parcel
or lot will be created, and
b.
The proposed lot combination or splitting will not create any
tract, parcel or lot which does not meet the minimum lot standards
of the zoning district in which it is located, and
c.
The proposed lot combination or splitting shall not cause any
construction over a public sanitary sewer line or sewer easement,
and
d.
The proposed lot combination or splitting is consistent with
the surrounding area. In determining consistency, the size and dimensions
of lots previously developed, the layout and design of existing subdivisions
and the degree of deviation from previous development shall be considered,
and
e.
The proposed lot combination or splitting does not include the
dedication of a new street or other public way or change in existing
streets or alleys, and
f.
The right of way adjacent to the proposed lot combination or
splitting meets the widths prescribed by the City ordinances, or the
proposed subdivision includes the dedication of additional right of
way necessary to provide the prescribed right of way width, and
g.
The proposed lot combination or splitting includes the dedication
of any easements determined necessary by the Board of Public Works
or to provide utilities to serve the new lots, and
i.
If the subdivision was approved to have sidewalks, then each
lot of the proposed lot combination or splitting has sidewalks meeting
current City standards, or security for the construction of these
improvements is provided as set forth in this Section.
C.
Procedure For Administrative Approval Of Minor Subdivisions.
1.
Application for administrative approval of a minor subdivision
involving lot combination or splitting, shall be filed with the Zoning
Administrator on forms provided by the Zoning Administrator with a
filing fee of one hundred dollars ($100.00), and a scaled drawing
by a registered land surveyor of the proposed replat. The Zoning Administrator
may require submission of any and all information, material and documents
necessary to determine compliance with this Section.
2.
The Zoning Administrator shall review the application and may
submit it for review and comment to other agencies and departments
as he deems necessary. The Zoning Administrator shall, in writing,
either approve or disapprove the application within thirty (30) days
of its submission.
3.
If approved, the Zoning Administrator shall follow the provisions
below regarding approval of the replat and recording.
4.
In the event the Officer does not approve the application, he
shall so inform the applicant in writing. The applicant may then prepare
a final plat of the proposed change in the subdivision and proceed
to Planning and Zoning Commission and City Council as set forth in
the ordinances.
5.
The Officer will require a scaled drawing of the combined or
splitting lots prepared by a registered land surveyor. The drawing
shall depict or provide the following:
a.
The precise nature, location and dimensions of existing and
newly created lots, and
b.
The legal description of all existing and proposed lots, and
c.
The amount of square footage contained in each existing and
proposed lot(s), and
d.
All existing easements, streets, sewers, sewer laterals, utility
lines, alleys and access restrictions affecting the lots, and
e.
All platted building setbacks, and
f.
All platted easements, streets, alleys or other public rights-of-way
that have previously been vacated or relinquished, and the ordinance
number or recording information for each vacation or relinquishment
shall be provided, and
g.
Names of all abutting streets including location of right-of-way
center line.
6.
The administrative re-plat is prepared for recording in accordance
with the following standards:
a.
The document shall be entitled "Administrative Re-plat of Lots
_____ and _____ of [Subdivision Name]";
b.
On the plat the Zoning Administrator will endorse the following:
"Replat Approved by the City of Chillicothe, Missouri, Zoning Administrator
Under the Authority of the Mayor and the City Council of Chillicothe,
Missouri," over the attested and sealed signature and the date of
approval of the Zoning Administrator.
7.
The applicant at its expense will record the administrative
replat and will provide to the Zoning Administrator two (2) certified
copies of the recorded administrative replat.
D.
Denial By Zoning Administrator. If the Zoning Administrator
does not approve the application within thirty (30) days of the application
and application fee being submitted, or is earlier rejected, the applicant
may, within five (5) days of the expiration of the notice of rejection
appeal to the City Council of the non-approval by notifying the City
Clerk, in writing, that the appeal be placed on the agenda for the
next regular City Council meeting that is scheduled to occur at least
forty-eight (48) hours after the appeal request is submitted.
E.
Procedure On Appeal. If on an appeal the City Council
approves the transfer, the above procedure shall be followed for approval
of the replat.
F.
Exception. This Section shall not prevent the reconveyance
or transfer of lots which had been split or combined prior to January
1, 2004, and a reconveyance of the same split or combined parcel of
real estate under prior ordinance is not subject to this Section but
if the said parcel is again split or combined with another parcel,
the conveyance is subject to this Section.
G.
Reconveyance Of Approved Replat. After a conveyance
has been approved under this Section, a reconveyance of the same parcel
of land will be exempt from the requirements of this Section, but
if the once approved parcel is again split or combined with another
parcel, the conveyance is subject to this Section.
