[Ord. No. 111808 §1(405-300), 11-18-2008]
A.
No
land shall be subdivided and filed for record, nor any street laid
out, nor any improvements made to the land, until the plat or plats
of the subdivision shall have been submitted and approved and all
applicable conditions of these regulations shall have been satisfied.
B.
No
lot, tract or parcel of land shall be divided by a metes and bounds
description for the purpose of sale, transfer, lease or development
except in conformance with these regulations.
C.
The
layout of the proposed subdivision shall be in conformance with the
Comprehensive Plan.
D.
No
land shall be subdivided for any use unless access to the lots created
exists or will be provided by the subdivider.
E.
No
building permit shall be issued for the construction of any building
or structure located on a lot, parcel or tract divided or sold in
violation of the provisions of these regulations.
F.
No
building permit shall be issued for a lot that is not platted in conformance
with the provisions of these regulations.
G.
No
changes, erasures, modifications or revisions shall be made to any
plat after approval has been given by the City, unless such changes
to the plat are submitted for review and approval as required by these
regulations.
[Ord. No. 111808 §1(405-301), 11-18-2008]
A.
The
following divisions of land shall be exempt from these regulations:
1.
Any tract of land which has been legally subdivided by plat or deed
prior to the adoption of these regulations.
2.
The public acquisition of land for the widening of existing streets,
expansion of existing facilities or for public use.
3.
A division of land by inheritance or the probate of an estate or
by order of a court of law are permitted, however, they are subject
to compliance with all design and development standards of the City
prior to issuance of a building permit.
[Ord. No. 111808 §1(405-302.1 — 2), 11-18-2008]
A.
In
order to conserve time, effort and expense, an applicant for preliminary
plat approval shall consult with the City Planner prior to the submittal
of an application. The purpose of this preapplication meeting is to
allow the applicant and the City Planner to meet to discuss the procedures
for processing the application, determine the applicable ordinances
or regulations, discuss the character of the proposed development,
adequacy of public facilities, required minimum improvements and alert
the applicant to any potential problems with the location or design
of the proposed development. During this meeting, the subdivider and
City Planner will also discuss the required public participation meeting
process, if applicable.
1.
Preapplication materials. Prior to filing an application
for approval of a preliminary or final plat, the subdivider shall
submit a sketch plat to the City Planner, including the plans and
data as specified herein. The filing of a sketch plat application
shall not require formal application, fee or the filing of a plat.
A sketch plat shall contain the following information:
a.
Name of the proposed subdivision;
b.
Vicinity map showing relationship to public facilities and main traffic
corridors;
c.
North arrow;
d.
Total acreage;
e.
Scale, not to exceed 1:100;
f.
Existing and proposed street layout;
g.
General lot and block layout;
h.
Proposed location of major uses, such as residential, commercial,
open space, schools, etc.;
i.
Proposed development phases, if any;
j.
Proposed density of residential units per acre;
k.
Proposed gross floor area of commercial or industrial uses;
l.
Existing and proposed drainage pattern; and
m.
Existing adjacent utilities.
2.
Preapplication review.
a.
After receipt of a sketch plat, the City Planner and other staff
directly concerned with the proposed subdivision shall review the
sketch plat. The City Planner shall prepare a summary of any findings
or recommendations.
b.
Within thirty (30) days after receipt of a sketch plat, the City
Planner shall provide the subdivider with a written summary of any
findings or recommendations. One (1) copy of the sketch plat and written
summary shall be maintained in the records of the City Planner.
c.
A sketch plat shall not be formally approved or denied and is not
binding upon either the subdivider or the City.
[Ord. No. 111808 §1(405-303.1 — 2), 11-18-2008]
A.
After
the requirements for a preapplication meeting have been met, the applicant
shall prepare and submit twenty (20) copies of a preliminary or final
plat for review and recommendation by staff. The plat submittal shall
be prepared in accordance with and shall provide the information described
in the requirements for the particular application as set forth in
these regulations. The required application fee shall be submitted
with the plat.
1.
Completeness review, scheduling.
a.
No application is complete unless a completed application form, all
required drawings, descriptions and other information has been submitted
and all applicable fees have been paid. The City Planner shall determine
whether the application is complete.
b.
When an application, together with all submitted material, is determined
to be incomplete, the City Planner shall, within thirty (30) days
of the application submittal, notify the applicant in writing of any
additional information required. The applicant may resubmit the application
with all additional information required by the City Planner.
c.
When an application is determined to be complete, the City Planner
shall schedule the application on a Commission agenda no later than
sixty (60) days following the date the application was determined
complete.
2.
Staff review and recommendation.
a.
The City Planner shall distribute copies of the application and accompanying
material to other City departments, governmental or State agencies,
utility companies or local franchisees who are directly concerned
with the proposed development.
b.
Each department or agency shall, within twenty (20) days from receipt
of a copy of the application materials, file with the City Planner
its approval of said application or a report indicating in what manner
such application does not conform to the requirements of these regulations
and all other rules, regulations and standards adopted by the City
over which such department or agency has administrative responsibility.
c.
The City Planner shall receive comments from other City departments
and governmental agencies and prepare a staff report, summarizing
staff findings and making a staff recommendation. Such report shall
be forwarded to the Planning Commission for review.
[Ord. No. 111808 §1(405-304), 11-18-2008]
A.
The
Commission shall, within sixty (60) days after an application is determined
to be complete and after giving notice as provided herein, hold a
public hearing on the application and proposed preliminary or final
plat. Said public hearing may be adjourned from time to time; however,
within fifteen (15) days after the conclusion of said public hearing,
the Commission shall prepare and transmit to the Board their specific
findings of fact, together with a record of the hearing thereon, with
respect to the extent to which the application complies with these
regulations, together with its recommendation in respect to the action
to be taken on the application.
1.
If, after public hearing, the Commission finds the preliminary or
final plat complies with the requirements of this Code, it shall recommend
approval of the plat.
2.
If a City department or other governmental agency or entity which
is directly concerned with the proposed preliminary or final plat
failed to file with the City Planner its approval of or a report on
the plat, the Commission may withhold its action on the plat until
such department or agency provides its report. If such department
or agency fails to provide their report prior to the next regularly
scheduled Commission meeting, they shall be deemed to have recommended
approval of the application.
3.
If, after public hearing, the Commission finds the preliminary or
final plat does not satisfy the requirements of these regulations,
it shall specify in writing in the minutes of the hearing the objections
to the plat. The Commission may recommend denial of the plat or may
recommend approval of the plat with amendments, conditions or restrictions
which will remove the objections and bring the plat into compliance
with these regulations.
4.
In the event the Commission does not act upon a preliminary or final
plat within sixty (60) days after submittal of a complete plat application,
such preliminary or final plat shall be deemed to have received a
recommendation of approval by the Commission unless the applicant
has consented to an extension of the sixty (60) day period.
[Ord. No. 111808 §1(405-305), 11-18-2008]
A.
Upon
receipt of the recommendations of the Commission concerning a preliminary
or final plat, the Board shall, within thirty (30) days, consider
the plat, recommendations of the Commission and any public input submitted.
The Board may approve or modify the recommendations of the Commission
and may approve the preliminary or final plat with or without amendments,
conditions or restrictions or may deny the plat.
1.
If, after public hearing, the Board finds the preliminary or final
plat complies with the requirements of this Code, it shall approve
the plat. The Board may also grant conditional approval of the preliminary
or final plat by accepting any or all of the Commission's conditions
and may impose any other conditions it deems reasonable and necessary
to fulfill the intent and purpose of these regulations.
2.
If, after public hearing, the Board finds the preliminary or final
plat does not satisfy the requirements of these regulations, it shall
specify in writing in the minutes of the hearing the objections to
the plat. The Board may deny the plat or may approve the plat with
amendments, conditions or restrictions which will remove the objections
and bring the application into compliance with these regulations.
3.
Whenever the subdivider shall have received waivers of subdivision
design standards as part of preliminary or final plat approval, the
Board shall include in the resolution approving the preliminary or
final plat explicit language identifying the individual waivers that
have been approved, along with any conditions.
[Ord. No. 111808 §1(405-306), 11-18-2008]
A.
Whenever
conditions of approval have been attached to a preliminary plat by
the Board, such preliminary plat shall not be deemed complete until
such time as revised or new drawings and information required by such
conditions have been submitted and the City Planner has determined
that all conditions have been met.
B.
Approval
of the preliminary plat shall be construed as an expression of approval
of the general layout of the plat and a guide for the preparation
of a final plat.
C.
Approval
of the preliminary plat shall authorize the owner to prepare the plans
and specifications for grading and land preparation, the engineering
drawings for all required improvements and to submit a final plat.
D.
No
person shall be authorized to engage in land preparation, grading
or construction activity and no utility or improvement shall be installed
until final construction drawings have been submitted for review and
approved.
E.
Any
person who engages in an activity in violation of these regulations
or any other City ordinance shall be subject to a stop work order
to cease and desist such activity.
[Ord. No. 111808 §1(405-307), 11-18-2008]
A.
For
purposes of preliminary plat validity, the effective date of a preliminary
plat shall be the date on which such preliminary plat was approved
by the Board.
B.
If
any final plat on all or a portion of the approved preliminary plat
is submitted two (2) years or more after the effective date of the
preliminary plat, the City may require that a new preliminary plat
be submitted, pursuant to all the provisions of these regulations.
A new preliminary plat may be required if these Subdivision Regulations,
the design standards or the required improvements have been amended
by the City; and as a result, the preliminary plat as originally approved
does not comply with the amended rules and regulations.
[Ord. No. 111808 §1(405-308), 11-18-2008]
A.
Whenever
conditions of approval have been attached to a final plat by the Board,
such final plat shall not be deemed approved until such time as revised
or new drawings and information required by such conditions have been
submitted and the City Planner has determined that all conditions
have been met.
B.
Approval
of the final plat shall be construed as an expression of approval
of the layout of the plat and agreement by the City to accept all
dedications shown thereon upon recording the final plat with the Cass
County Recorder of Deeds.
C.
No
person shall be authorized to engage in land preparation, grading
or construction activity and no utility or improvement shall be installed
until final construction drawings, proposals for erosion and sedimentation
control and land disturbance permits have been submitted for review
and approved.
D.
Any
person who engages in an activity in violation of these regulations
or any other City ordinance shall be subject to a stop work order
to cease and desist such activity.
[Ord. No. 111808 §1(405-309), 11-18-2008]
A.
An
approved final plat shall not be released to the subdivider for recording
until such time as all construction drawings for required improvements
have been submitted and approved and all required sureties have been
provided.
B.
Within
sixty (60) days after the approval of the construction drawings and
acceptance of required sureties or one (1) year after the approval
of the final plat, whichever occurs first, the approved final plat
shall be filed by the subdivider with the Cass County Recorder of
Deeds and if not so filed shall have no validity and shall not be
recorded without recertification by the City.
C.
One
(1) copy of the filed final plat shall be returned to the City Planner.
All filing fees and other associated costs shall be the responsibility
of the subdivider.
[Ord. No. 111808 §1(405-310), 11-18-2008]
A.
The installation of all improvements shall conform to the approved construction drawings. Construction drawings shall be submitted to the City Planner for review and approval by the City Engineer. Construction drawings shall not be approved prior to the approval of a land disturbance permit in accordance with Chapter 500, the approval of a drainage permit in accordance with Chapter 415, or compliance with the floodplain management regulations found in Chapter 410 of the Peculiar Municipal Code.
[Ord. No. 11042013 §VIII, 11-4-2013]
B.
The
applicant shall be responsible to notify the City Engineer in advance
of any changes to be made to the approved construction drawings and
shall only make those changes that have been approved in writing by
the City Engineer. Modifications to design and/or specifications made
during construction without prior written approval of the City Engineer
shall be made at the applicant's own risk. In the event that actual
construction work deviates from that shown on the approved construction
drawings and such deviation was not approved in advance by the City
Engineer, the applicant may be required to correct the installed improvements
to conform to the approved drawings. In addition, the City Engineer
may take such other actions as may be deemed necessary or appropriate
including, but not limited to, revocation of development approvals
already issued and/or withholding future development approvals.
C.
Prior
to final inspection of the required improvements, the applicant shall
submit to the City Planner one (1) reproducible original and two (2)
copies, as well as all electronic files if requested by the City Planner,
of as-built engineering drawings for each of the required improvements
that have been completed. Each drawing shall be certified by a professional
engineer registered in the State of Missouri and indicate the date
when the as-built drawing was completed.
[Ord. No. 111808 §1(405-311), 11-18-2008]
A.
After
the requirement for a sketch plat review has been satisfied, a subdivider
may submit an application for preliminary plat. The application shall
be submitted, along with the required fee and all application materials,
to the City Planner according to the following requirements:
1.
Form. A preliminary plat of the subdivision shall
be accurately drawn to scale of 1:100. The preliminary plat shall
be prepared on sheets measuring at least eighteen (18) inches by twenty-four
(24) inches in size, but not larger than twenty-four (24) inches by
thirty-six (36) inches.
2.
Contents. An application for preliminary plat shall
contain the following written and graphic information:
a.
All applications for preliminary plat approval shall be accompanied
by an ownership list prepared by a title company or licensed attorney
listing the name and address of the owners of all property located
within three hundred (300) feet of the boundaries of the proposed
subdivision;
b.
Written description of the proposed project, including number and
type of dwelling units, square footage of commercial and industrial
uses;
c.
Name of the proposed subdivision;
d.
Name and address of property owner, subdivider and engineer/ surveyor/landscape
architect responsible for preparing the drawings;
e.
Statement prepared by a registered abstractor or licensed attorney
certifying the owner has title to land being subdivided;
f.
Vicinity map showing section lines, the proposed subdivision, adjacent
subdivisions, corporate boundary, main traffic corridors and prepared
at a scale of 1:2,000;
g.
North arrow;
h.
Date prepared;
i.
Boundary survey in relation to section or quarter-section lines and
adjacent corporate boundaries, including a legal description of the
property showing total acreage to the nearest one-tenth (1/10) of
an acre;
j.
Existing buildings and structures;
k.
Existing and proposed contours at two (2) foot intervals;
l.
Proposed dimensions of lots;
m.
Numbered lots and blocks; lots shall be numbered sequentially beginning
at the number one, with no omissions or duplications; blocks shall
not be numbered or lettered;
n.
Setback lines;
o.
Dimensioned rights-of-way;
p.
Dimensioned and purposes for easements and other areas to be dedicated;
q.
Proposed street names;
r.
Proposed location of trails and sidewalks with dimensions;
s.
Location of driveways, curb cuts, median breaks and turn lanes;
t.
Water bodies and courses, wetlands and surface drainage channels;
u.
Location of the 100-year floodplain;
v.
Location, massing and pattern of existing vegetation;
w.
Existing and proposed utility lines;
x.
Existing and proposed bridges, culverts and drain pipes;
y.
Zoning of proposed subdivision and adjacent parcels;
z.
Location and size of open space proposed to be dedicated for public
use or reserved and any conditions of such dedication or reservation,
parks, playgrounds, school sites or other special uses considered
for public use;
aa.
Development phasing schedule;
ab.
Within three hundred (300) feet of the proposed subdivision: existing
and platted lot lines, dimensioned right-of-way, public easements
and other public dedicated areas;
ac.
Traffic study, if requested;
ad.
Drainage study, if requested;
ae.
Sanitary sewer impact statement, if requested;
af.
Water service demand statement, if requested;
ag.
Grading plan, if requested;
ah.
Landscape plan, if requested; and
ai.
Lighting plan, if requested.
[Ord. No. 111808 §1(405-312), 11-18-2008]
A.
After
the requirement for a preliminary plat, if necessary, has been satisfied,
a subdivider may submit an application for final plat. The final plat
shall conform to the preliminary plat and may constitute only that
portion of the approved preliminary plat which the subdivider proposes
to record and develop at the time. The application shall be submitted,
along with the required fee and all application materials, to the
City Planner according to the following requirements:
1.
Form. The final plat shall be prepared according
to the following format:
a.
A final plat shall be prepared on sheets measuring at least eighteen
(18) by twenty-four (24) inches, but not larger than twenty-four (24)
inches by thirty-six (36) inches. All lots and blocks, whenever practical,
shall be shown on one (1) sheet.
b.
Final plats shall be accurately, clearly and legibly drawn in black
waterproof India ink upon mylar which is a minimum of three-thousandths
(0.003) of an inch thick. All certificates, acknowledgments, dedications
and affidavits shall be legibly lettered or printed upon the final
plat with opaque ink. Signatures shall be provided in black opaque
ink.
c.
Each sheet shall be prepared with a margin line drawn completely
around the perimeter leaving an entirely blank margin of at least
one (1) inch.
d.
The final plat shall be drawn to a scale of one (1) inch equals one
hundred (100) feet or any other scale proposed by the subdivider and
approved by the City Planner. The scale selected shall be sufficient
to show all required information clearly.
e.
If more than one (1) sheet is used, the particular number of the
sheet and the total number of sheets comprising the final plat shall
be stated on each of the sheets; and the relationship to each adjoining
sheet shall be clearly shown. If more than two (2) sheets are used,
an index sheet the same size as required above shall be included showing,
at whatever scale is necessary, the entire subdivision with an indication
by the use of dotted lines of the component areas which are shown
on the other sheets.
f.
The boundary of the subdivision shall be clearly identified on the
final plat. All lines shown on the final plat which do not constitute
a part of the subdivision itself shall be clearly distinguishable
from those lines which are a part of the subdivision and any area
enclosed by such lines shall be labeled "not a part of this subdivision".
g.
One (1) reproducible original and five (5) copies shall be submitted.
2.
Contents. The final plat application shall include
all of the following written and graphic information:
a.
All applications for final plat approval shall be accompanied by
an ownership list prepared by a title company or licensed attorney
listing the name and address of the owners of all property located
within three hundred (300) feet of the boundaries of the proposed
subdivision.
b.
A legal description which describes the limits of the property by
all linear and angular dimensions necessary to locate the boundaries
of the plat in relation to a section or quarter-section line and which
meets the accuracy requirements of the Missouri Minimum Standards
for Property Boundary Surveys, as adopted and amended by the Missouri
Board for Architects, Professional Engineers, Professional Land Surveyors
and Landscape Architects.
c.
Coordinates, based on the Missouri Coordinate System 1983, on the
corners of the plat boundary, the control station, station coordinates
and grid factor used in accordance with the regulations of the Missouri
Department of Natural Resources.
d.
All linear and angular dimensions of all streets, alleys, lots, utility
easements, sanitary sewer and surface water drainage easements or
other areas on the plat.
e.
Dimensions, number and area of all lots on the plat.
f.
All radii, arcs, chords, points, tangency, bearings, deflection angles
and central angles for all curves and rounded corners on the plat.
g.
Names and right-of-way width of each street or other right-of-way.
h.
Location, dimensions and purpose of all easements.
i.
Location and description of all monuments, all street, alley, lot
or other area corners and intersections and all perimeter corner or
angle points.
j.
Reference to recorded subdivision plats of adjoining platted land
by book and page.
k.
Certification by Missouri registered land surveyor as to accuracy
of survey.
l.
Statement prepared by a registered abstractor or licensed attorney
certifying the owner has title to land being subdivided.
m.
Statement by owner dedicating all streets, rights-of-way, easements
and any other areas for public use.
n.
Statement by owner certifying that all taxes and assessments owing
to the property are paid in full.
o.
Title, scale, north arrow and date.
p.
Such other certificates, affidavits, endorsements or dedications
as may be required by applicable codes, ordinances and/or Statutes
pertaining to zoning, dedicated streets and drainage facilities.
q.
Electronic files including all final plat data upon request of the
City Planner.
[Ord. No. 111808 §1(405-313), 11-18-2008]
A.
Following
approval of a preliminary plat, a subdivider shall be able to begin
preparation of construction plans consisting of complete construction
drawings and specifications for all easements, streets, traffic control
devices, street lights, sanitary sewers, stormwater facilities, water
system facilities, sidewalks and other improvements required by these
regulations.
B.
Construction plans shall be prepared by a professional engineer registered in the State of Missouri and shall be submitted, along with any additional required information and applicable fees, to the City Planner for review. Construction drawings shall show all information necessary for plan review and construction, including information required for a land disturbance permit in accordance with Chapter 500, the approval of a drainage permit in accordance with Chapter 415, or compliance with the floodplain management regulations found in Chapter 410 of the Peculiar Municipal Code, when applicable, and the following information:
[Ord. No. 11042013 §IX, 11-4-2013]
1.
Plans, profiles, grades and details for streets, curb and gutters
and sidewalks shall show profiles of the existing topography elevations,
profiles of proposed sidewalk, curb and street centerline elevations,
vertical and horizontal curve data for streets, intersection control
elevations, paving geometrics, typical cross-sections and other data
required for staking and construction. Construction specifications
and cost estimates shall be included, as well as engineering calculations.
2.
Plans, profiles and details for storm sewer and storm drainage improvements
shall show existing profiles, proposed flowline profiles, grades,
vertical elevations and horizontal locations and details of all manholes,
drainage structures, junction boxes, inlets, detention basins and
any other elements of the storm sewer and storm drainage system, as
well as any other data required for staking and construction. Construction
specifications and cost estimates shall be included, as well as engineering
calculations.
3.
Plans and details of the proposed water distribution system and water
supply facilities shall show water line sizes, fire hydrant locations,
valve locations and any other elements of the water supply system,
as well as any other data required for staking and construction. Construction
specifications and cost estimates shall be included, as well as engineering
calculations.
4.
Plans, profiles and details for sanitary sewer systems and sewage
treatment facilities shall show line sizes, grades, flow line elevations
and any other elements of the sanitary sewer system, as well as any
other data information necessary for staking and construction. Construction
specifications and cost estimates shall be included, as well as engineering
calculations.
5.
Plans for grading shall show existing and proposed contours at five
(5) foot intervals where slope is six percent (6%) or greater, two
(2) foot intervals where slope is between three and six percent (3
— 6%) and one (1) foot intervals where slope is three percent
(3%) or less.
6.
All plans shall be based on U.S.G.S. datum. Bench mark descriptions
and elevations shall be shown on all sheets.
7.
Drainage plan, including detailed plans for storm drainage, stormwater
detention/retention, grading plan including cut/fill quantities for
grading within floodplain areas, pre-development and post-development
runoff calculations.
8.
Designation of all easements with dimensions and purpose.
[Ord. No. 111808 §1(405-314), 11-18-2008]
A.
Applications
for preliminary plat approval shall be required to complete a public
participation meeting prior to the initial Planning Commission public
hearing. Failure of a subdivider to complete this meeting will delay
the initial public hearing of the Planning Commission.
B.
During
the preapplication meeting on a sketch plat, the subdivider and City
Planner will discuss the public participation meeting requirements.
C.
Prior
to the submittal of an application for preliminary plat approval,
the subdivider shall send a courtesy notification via regular U.S.
mail to the owners of record of all property located within three
hundred (300) feet of the boundaries of the proposed subdivision.
D.
The
public participation meeting notice shall briefly describe the proposed
subdivision, including the number and type of dwelling units, amount
of commercial and/or industrial square footage and amount of open
space or parkland to be dedicated to the public. The notice shall
also provide an opportunity for neighbors in the general proximity
of the proposed subdivision to meet with and confer with the subdivider
and attempt to resolve any issues that may impact them.
E.
The
subdivider shall hold a meeting with the neighbors to discuss the
proposed subdivision prior to the initial Planning Commission public
hearing. This meeting shall be held at a reasonable time of day and
at a location generally convenient to the neighbors.
F.
After
the meeting, the subdivider shall prepare a written summary of the
general content of the meeting, outlining any concerns or issues raised
by attendees, the subdivider's response and any actions taken to lessen
or mitigate them and any issues that remain unresolved. This written
summary shall be filed with the City Planner at the same time as an
application for approval of a preliminary plat is submitted.
[Ord. No. 111808 §1(405-315), 11-18-2008]
A.
Public
hearings required to be held by the Planning Commission or Board of
Aldermen under these regulations shall not be held until notice thereof
has been given in compliance with the following provisions:
1.
The City shall prepare a written notice of public hearing to be delivered
by regular US mail to all property owners within three hundred (300)
feet of the boundaries of the proposed subdivision at least fifteen
(15) days prior to the date of the hearing, advising them of the date
and place of the hearing and the nature and purpose of the hearing.
2.
A notice of the time and place of such hearing shall be published
in a newspaper of general circulation in the City at least fifteen
(15) days prior to the date of the hearing. Such notice shall fix
the time and place for such hearing and contain a statement regarding
the general nature of the proposed subdivision.
3.
The applicant shall post one (1) or more signs, furnished by the
City, along each road frontage, in a conspicuous place on the property
upon which action is pending. This notice shall be posted at least
fifteen (15) days prior to the date of the public hearing. The sign
shall be placed within five (5) feet of the right-of-way line in a
central position on the property and placed so the sign is clearly
visible from the street. The applicant shall make a good faith effort
to maintain the sign on the property and shall sign an affidavit of
sign maintenance stating the sign was maintained in a clearly visible
condition on the property as required herein for the duration of the
fifteen (15) days. The sign(s) shall be removed and returned to the
City in reasonable condition on the date of the Board of Aldermen
public hearing.
B.
Public
hearings shall be conducted and a record of the proceedings shall
be preserved in such manner and according to such procedures as the
Planning Commission or Board of Aldermen may from time to time prescribe
by rule. Any interested person or party may appear and be heard at
the hearing in person, by agent or by attorney. The Planning Commission
or Board of Aldermen may request a report on any proposed subdivision
from any governmental official or agency or any other person, firm
or corporation. If such a report is made, a copy thereof shall be
made available to the applicant and any other interested persons and
shall be available for review in City Hall at least three (3) working
days before the date set for the public hearing.
[Ord. No. 111808 §1(405-316), 11-18-2008]
Requests for subdivision approval that are denied by the Board
of Aldermen shall not be resubmitted in the same or a substantially
similar application for at least six (6) months.
[Ord. No. 11012021, 11-1-2021]
A.
Minor Plat; Application — Contents And Submission Requirements.
[Ord. No. 10172022A, 10-17-2022]
1.
Requirement. The subdivider or surveyor shall submit the minor
plat to the City Planner for review.
2.
Contents. The minor plat shall contain the following information:
b.
Name and address of developer and surveyor preparing the plat.
c.
A legal description which accurately describes the limits of
the property and meets the accuracy requirements of the Missouri Minimum
Standards for Property Boundary Surveys as adopted by the Missouri
Board for Architects, Professional Engineers, Professional Land Surveyors,
and Landscape Architects.
d.
Sufficient data (distances and directions) to positively locate
the surveyed parcel within the United States Public Land Survey, or
within the recorded subdivision. All section and land corners referenced
on the plat and legal description shall be identified as to what was
physically found or set, e.g., aluminum monument, one-half-inch iron
bar. Monumentation shall be in accordance with the regulations of
the Missouri Department of Natural Resources.
e.
Total acreage of the proposed subdivision.
f.
Location of lots, streets, alleys, sidewalks, tracts and other
features with accurate bearings and dimensions of all lines and the
length and radius of all curves, along with all other information
necessary to reproduce the plat on the ground. All bearings shall
be shown to the nearest second of arc and all dimensions, lengths
and radii shall be shown to the nearest hundredth of a foot between
all corners, angle points and points of curvature.
g.
Area in square feet for each lot, parcel, or tract.
h.
Location of any oil and/or gas wells, if any, based on available
information.
i.
Lot numbers and tract identification for each lot and tract.
j.
Location, right-of-way width, bearings and distances, and length
and radius of all street and alley centerlines.
k.
Names of existing and proposed streets.
l.
Location and width of existing and proposed sidewalks.
m.
Location, purpose and width of all existing and proposed easements.
Existing easements shall include references to the recorded document
number, including book and page, if any.
n.
Exact location of all existing structures and physical improvements,
when requested.
o.
Building setback lines.
p.
Signature blocks for the following certifications, with the
corresponding name typed, printed or stamped beneath the signature:
(1)
Signature of the owner or owners and notary public.
(2)
Certification by a registered land surveyor that
the plat was executed in accordance with the current Missouri Minimum
Standards for Property Boundary Surveys.
(3)
Certification of approval to be signed by City
Clerk, City Engineer, and Development Services Director. If the plat
consists of more than one (1) sheet, the certifications for City approval
shall be repeated on each sheet, in approximately the same location
on each sheet.
q.
Statement dedicating all easements. Language shall be added
to every plat in which an easement is dedicated, stating that the
grantor, on behalf of himself/herself, his/her heirs, his/her assigns
and successors in interest, hereby waives, to the fullest extent allowed
by law, including, without limitation, Section 527.188 (2006), RSMo.,
any right to request restoration of rights previously transferred
and vacation of the easement herein granted.
r.
Location and limits of the one-percent-annual-chance flood,
as set forth on the current FEMA maps, with reference to the panel
number. Elevations shall be provided if shown on the FEMA map.
s.
Notes shall be included on the plat specifying that individual
lot owner(s) shall not change or obstruct the drainage flow lines
on the lots covered by the Master Drainage Plan, unless specific application
is made to and approved by the City Engineer.
B.
Consideration, approval and recordation of minor plats.
1.
Review Of Minor Plats. The City Planner shall coordinate review
and analysis of the minor plat by the City Staff.
2.
Approval By City Staff. The City Planner and City Engineer or
their designee may approve the minor plat if the subdivider presents
clear and convincing evidence that the minor plat conforms to all
applicable requirements of the Municipal Code and any modifications
granted pursuant to this Section, and that all submission requirements
have been satisfied. The City Planner may refer a proposed minor plat
to the Commission and Governing Body.
3.
Recordation Of Plat. After approval by City staff, the subdivider
shall prepare and submit, for recording purposes, the number of copies
of the minor plat as required by the City Planner, properly signed
and acknowledged by appropriate persons. The approved plat shall be
recorded at the appropriate county recorder of deeds office at the
subdivider's expense.
4.
If a minor subdivision is not recorded within six (6) months
of the date of the City's approval, it will become null and void,
and a new minor subdivision application must be submitted and approved.
C.
Minor Plat; General Requirements.
1.
Lot Size. All lots platted or any remaining platted or unplatted
land shall meet all zoning requirements for lot sizes.
2.
Public Improvements. If public improvements are required, the
application shall be considered a preliminary plat, not a minor plat.
No building permit shall be issued for a lot or tract resulting from
a minor subdivision unless all required public improvements for the
minor plat have been substantially completed, as provided in this
Article.
3.
Dedication Requirements. A minor subdivision may not include
a new street to be dedicated to the City. A minor subdivision may
include the dedication of additional right-of-way on an existing dedicated
street, subject to the approval of the City Engineer. A minor subdivision
may include the dedication of utility easements.
4.
Statement Dedicating All Easements. Language shall be added
to every plat in which an easement is dedicated, stating that the
grantor, on behalf of himself, his heirs, his assigns and successors
in interest, hereby waives, to the fullest extent allowed by law,
including, without limitation, 527.188, RSMo., any right to request
restoration of rights previously transferred and vacation of the easement
herein granted.
[Ord. No. 10172022A, 10-17-2022]
A.
Applications
for a lot combination shall be submitted by the landowner with a survey
prepared to scale depicting the platted or unplatted lots or tracts,
structures and existing utility easements located on any part of the
lots, together with the precise nature, location, dimensions, and
legal descriptions of the lots to be combined.
B.
The
Development Services Director shall approve applications for a lot
combination if it is determined that the new platted or unplatted
lot or tract so created conforms to the requirements of the City and
that adequate street rights-of-way and easements exist to serve the
properties. No lot combination shall be approved if any of the following
conditions exist.
C.
The
Development Services Director may make such additional requirements
as are deemed necessary to carry out the intent and purpose of existing
land development regulations and Governing Body policies where such
requirements are reasonably related to the development of the properties.
Such requirements, may include, but are not limited to, installation
of public facilities, dedication of right-of-way easements and submission
of covenants for the protection of other landowners in the original
subdivision.
D.
Denial
of an application for a lot combination may be appealed to the Planning
and Zoning Commission. The decision of the Planning and Zoning Commission
may be appealed to the Board of Aldermen, which the Board of Aldermen
decision shall be final.
E.
All
lot combinations shall conform to all minimum standards of this Chapter
and other applicable City Codes.
[Ord. No. 10172022A, 10-17-2022]
A.
Applications
for lot splits shall be submitted by the landowner with a survey prepared
by a licensed engineer or surveyor, to scale depicting the platted
or unplatted lot or tract, structures and existing utility easements
located on any part of the lot being split, together with the precise
nature, location, dimensions, and legal descriptions of the new lots
to be created. Applications for lot splits shall be reviewed by the
City Engineer and other City utility departments to establish the
existence of adequate public easements and facilities to serve the
resulting lots.
B.
The
Development Services Director shall approve applications for a lot
split if it is determined that the new lots or tracts so created conform
to the requirements of the City and that adequate street rights-of-way
and easements exist to serve the properties. No lot split shall be
approved if any of the following conditions exist.
C.
The
Development Services Director may make such additional requirements
as are deemed necessary to carry out the intent and purpose of existing
land development regulations and Governing Body policies where such
requirements are reasonably related to the development of the properties.
Such requirements may include, but are not limited to, installation
of public facilities, dedication of right-of-way easements and submission
of covenants for the protection of other landowners in the original
subdivision.
D.
Denial
of an application for a lot split may be appealed to the Planning
and Zoning Commission. The decision of the Planning and Zoning Commission
may be appealed to the Board of Aldermen, which the Board of Aldermen
decision shall be final.
E.
All
lots produced by lot split shall conform to all minimum standards
of this Chapter and other applicable City Codes.
[Ord. No. 10172022A, 10-17-2022]
A.
Applications
for lot line adjustments shall be submitted by the landowner with
a survey of platted or unplatted lots or tracts prepared by a licensed
engineer or surveyor, to scale depicting the lots, structures and
existing utility easements located on any part of the lot being split,
together with the precise nature, location, dimensions, and legal
descriptions of the new lots to be created. Applications for lot line
adjustments shall be reviewed by the City Engineer and other City
utility departments to establish the existence of adequate public
easements and facilities to serve the resulting lots.
B.
The
Development Services Director shall approve applications for a lot
line adjustment if it is determined that the new lots so created conform
to the requirements of the City and that adequate street rights-of-way
and easements exist to serve the properties. No lot line adjustment
shall be approved if any of the following conditions exist.
C.
The
Development Services Director may make such additional requirements
as are deemed necessary to carry out the intent and purpose of existing
land development regulations and Governing Body policies where such
requirements are reasonably related to the development of the properties.
Such requirements may include, but are not limited to, installation
of public facilities, dedication of right-of-way easements and submission
of covenants for the protection of other landowners in the original
subdivision.
D.
Denial
of an application for a lot line adjustment may be appealed to the
Planning and Zoning Commission. The decision of the Planning and Zoning
Commission may be appealed to the Board of Aldermen, which the Board
of Aldermen decision shall be final.
E.
All
lots produced by lot split shall conform to all minimum standards
of this Chapter and other applicable City Codes.
