[Ord. No. 976 §1.1, 11-25-1997]
These regulations shall hereafter be known, cited and referred to as the "Subdivision Regulations of Platte City, Missouri".
[Ord. No. 976 §1.2, 11-25-1997]
By ordinance of the Board of Aldermen adopted pursuant to the powers and jurisdictions vested through Sections 89.300 through 89.480, Chapter 89, RSMo., and other applicable laws, Statutes, orders and regulations of the State of Missouri and the City of Platte City, the Board of Aldermen does hereby exercise the power and authority to approve and disapprove plats for subdivision of land within the incorporated areas of the City. By the same authority, the Planning Commission does hereby exercise the power and authority to review and make recommendations to the Board of Aldermen on any and all plats of subdivision of land within the City.
[Ord. No. 976 §1.3, 11-25-1997]
A.
These Subdivision Regulations shall apply to all subdivisions of land, as defined herein, located within the incorporated areas of the City.
B.
No land shall be subdivided within the incorporated area of the City until the subdivider or his agent shall submit the appropriate plats to the Planning Commission for their recommendation, and obtain approval of the plat itself by the Board of Aldermen, and until the approved plat is filed with the Platte County Recorder of Deeds. No building permit or certificate of occupancy shall be issued for any parcel or plot of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of these subdivision regulations and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with the regulations.
[Ord. No. 976 §1.4, 11-25-1997]
It is hereby declared to be the policy of the City to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the City pursuant to the official Comprehensive Plan of the City for the orderly, planned, efficient, physical and economical development of the City. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace and land shall not be subdivided until available public facilities and improvements exist and proper provision has been made for drainage, water, sewerage and capital improvements such as schools, parks, recreation facilities, transportation facilities and improvements. The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the Official Master Plan, City Street Plan and the capital budget and program of the City, and it is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in Building and Housing Codes, Zoning Ordinance, Official Comprehensive Plan, City Street Plan and Land Use Plan and capital budget and program of the City.
[Ord. No. 976 §1.5, 11-25-1997]
A.
These Subdivision Regulations are adopted for the following purposes:
1.
To protect and provide for the public health, safety and general welfare of the City.
2.
To guide the future growth and development of the City.
3.
To protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land to minimize the conflicts among the uses of land and buildings.
4.
To preserve the natural beauty and topography of the City to insure appropriate development with regard to these natural features.
5.
To provide for the proper location and width of streets and roads, building lines, open space and recreation and for the avoidance of congestion of population.
6.
To provide for the extent and manner in which streets shall be graded and improved and the extent to which water, sewer and other utility sources shall be provided to protect public health and general welfare.
7.
To insure that public facilities including roads, water and sewer facilities and drainage are adequate to serve the proposed subdivision, to establish reasonable standards of design and procedures for subdivisions and resubdivision for the orderly layout and use of land and to insure proper legal descriptions and monumenting of subdivided land.
[Ord. No. 976 §§1.6, 5.1, 11-25-1997; Ord. No. 1678 §2, 1-12-2011; Ord. No. 2012, 1-28-2025]
A.
For the purpose of these regulations, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this Section.
B.
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, words used in the plural number include the singular; the word "herein" means "in these regulations", the word "regulations" means "these regulations".
C.
A "person" includes a corporation, a partnership and an unincorporated association of persons such as a club; "shall" is always mandatory; a "building" includes a "structure"; a "building" or "structure" includes any part thereof; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied".
D. 10-YEAR FLOOD 10-YEAR STORM 100-YEAR FLOOD 100-YEAR STORM ALLEY APPLICANT BLOCK BOND BUILDING CAPITAL IMPROVEMENTS PROGRAM CENTRAL SEWERAGE SYSTEM CENTRAL WATER SYSTEM CITY CITY ATTORNEY CITY ENGINEER CITY HEALTH OFFICER CITY STREET PLAN COLLECTOR ROADS CONSTRUCTION PLAN CUL-DE-SAC DAM DETENTION BASIN DETENTION STORAGE DEVELOPMENT DISCHARGE DRAINAGE AREA DRY BOTTOM BASIN EASEMENT ENFORCEMENT OFFICER ESCROW FINAL PLAT FLOODPLAIN FREEBOARD FRONTAGE FRONTAGE STREET GRADE HIGH DENSITY HIGHWAY LIMITED ACCESS HYDROGRAPH HYETOGRAPH IMPROVEMENTS INDIVIDUAL SEWAGE DISPOSAL SYSTEM LOT LOT LINE ADJUSTMENT LOT, CONSOLIDATION LOT, CORNER LOT IMPROVEMENT LOT SPLIT MASTER PLAN MID-AMERICA REGIONAL COUNCIL MISSOURI CLEAN WATER COMMISSION MODEL HOME MUNICIPALITY NEIGHBORHOOD PARK AND RECREATION IMPROVEMENT FUND NON-RESIDENTIAL SUBDIVISION OFF-SITE OFFICIAL MASTER PLAN OPEN SPACE OWNER OWNERSHIP SAME PERIMETER STREET PLANNING COMMISSION PRELIMINARY PLAT PROBABLE MAXIMUM PRECIPITATION PROJECT PUBLIC IMPROVEMENT REGISTERED ENGINEER REGISTERED LAND SURVEYOR RESUBDIVISION RIGHT-OF-WAY ROAD, DEAD END ROAD, RIGHT-OF-WAY WIDTH ROADS, CLASSIFICATION SALE OR LEASE SAME OWNERSHIP SCREENING1. 2.
SETBACK SHADE TREE STORMWATER RUNOFF STREET, MAJOR STREET, PERIMETER STREET, PRIVATE STRUCTURE SUBDIVIDER1. 2. 3. 4. SUBDIVISION SUBDIVISION AGENT SUBDIVISION PLAT WET BOTTOM BASIN ZONING ORDINANCE
Words And Terms Defined. As used in this Chapter, the following terms shall have these prescribed meanings:
A flood having a ten percent (10%) chance of occurrence in any given year.
A rainstorm of a given duration and depth of precipitation having a ten percent (10%) chance of occurrence in any given year.
A flood having a one percent (1%) chance of occurrence in any given year. The 100-year flood is assumed to be caused by a 100-year storm.
A rainstorm of a given duration and depth of precipitation having a one percent (1%) chance of occurrence in any given year.
A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines or waterways, or boundary lines of municipalities.
Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the Board of Aldermen. All bonds shall be approved by the Board of Aldermen wherever a bond is required in these regulations.
Any structure built for the support, shelter or enclosure of persons, animals, chattels or moveable property of any kind and includes any structure.
A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditures of public funds, over and above the annual City operating expenses, for the purchase, construction or replacement of the physical assets for the community are included.
A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying area.
A private water company formed by a developer to serve a new community development in an outlying area. It includes water treatment and distribution facilities.
The City of Platte City, Missouri.
The City Attorney or such licensed attorney designated by the Board of Aldermen to furnish legal assistance for the administration of these regulations.
The City Engineer or other such person as shall be appointed by the Board of Aldermen to administer these regulations.
That person designated to administer the health regulations of the City.
The plan established by the City pursuant to Chapter 89, RSMo., showing the streets, highways, parks, drainage systems and setback lines theretofore laid out, adopted and established by law and any amendments or additions thereto resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of such approved plats.
A road intended to move traffic from local roads to secondary arterials. A collector road serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it.
The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in a subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of said plat.
A local street with only one (1) outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
An artificial barrier or embankment having greater than six (6) feet difference in elevation between the crest of the emergency spillway and the lowest point in the cross section taken along the centerline of the dam, which does or may impound water.
Any manmade area or structure which serves as a means of temporarily storing stormwater runoff.
The temporary detaining or storage of stormwater on or beneath the ground surface, on rooftops, parking lots or by other means under predetermined or controlled conditions.
Any change in land use or improvement on any parcel of land.
The rate of outflow of water from detention storage.
The geographical area contributing stormwater runoff to a point under consideration; i.e., a watershed, tributary area or catchment area.
A detention basin or facility not intended to have a permanent pool.
Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
The person (and his duly authorized assistants) appointed to the Codes Enforcement/Building Inspector position and shall enforce the Zoning Ordinance and Subdivision Regulations of the City and to administratively assist other City Boards or Commissions.
A deposit of cash with the City in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be deposited by the Enforcement Officer in a separate account.
The map or plan or record of a subdivision and any accompanying material, as described in these regulations.
The channel of a river or stream or lake or other body of water and the land adjacent thereto, regardless of physical obstructions, which is subject to inundation in the event of a regulatory flood.
The difference in elevation between the design water surface in the detention facility and the elevation at which uncontrolled overtopping of the facility begins.
That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.
Any street to be constructed by the developer or any existing street in which development shall take place on both sides.
The slope of a road, street or other public way, specified in percentage (%) terms.
Those residential zoning districts in which the density is equal to or greater than one (1) dwelling unit per fifteen thousand (15,000) square feet.
A freeway or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
Flow rate distribution of a stormwater runoff with respect to time at the point under consideration or of detention basin outflow.
Intensity distribution of a rainfall event with respect to time.
See "LOT IMPROVEMENT" or "PUBLIC IMPROVEMENTS".
A septic tank, seepage tile sewage disposal system or any other sewage treatment device approved by the City Health Officer, the Missouri State Water Pollution Board and the City Engineer.
A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
The mending of parcels between owners or adjoining properties for the purpose of adjustments in boundaries or of adjusting building lines, wherein no new lots are created.
The combination of one (1) or more parcels of land into a single new parcel with one (1) legal description.
A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty-five degrees (135°).
Any building, structure, place, work of art or other object or improvement of the land on which they are situated constituting a physical betterment of real property or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.
The division, into two (2) or more parcels, plots, sites or units, of an established and legally approved or recorded subdivision lot for the purpose of offer, sale, lease or development.
A Comprehensive Plan for development of the City prepared and adopted by the Planning Commission, pursuant to Chapter 89, RSMo., and includes any part of such plan or parts thereof.
The Planning Agency established for the Metropolitan Kansas City Region to carry on comprehensive planning. The official title of such agency is Mid-America Regional Council.
The official State agency delegated with responsibility for the control of water pollution.
A dwelling unit initially for display purposes which typifies the type of units that will be constructed in the subdivision. Such dwelling units may be erected, at the discretion of the Planning Commission, by permitting a portion of a major subdivision involving no more than two (2) lots to be created according to the procedures for minor subdivisions, as set out in Section 410.190 of these regulations.
For the purposes of these regulations, any City, township, village or County established pursuant to the Revised Statutes of Missouri.
A special fund established by the Board of Aldermen to retain monies contributed by developers in accordance with the "money in lieu of land" provisions of these regulations within reasonable proximity of the land to be subdivided so as to be of local use to the future residents of said subdivision.
A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations.
Any premises not located within the area of the property to be subdivided whether or not in the same ownership of the applicant for subdivision.
See "MASTER PLAN".
That space remaining on a lot which is not occupied by buildings, structures, parking areas or driveways and which is either landscaped with shrubs or planted with grass. That area which is used for intensive recreation purposes such as playground equipment or organized activities is not to be considered as open space.
Any person, group or persons, firm or firms, corporation or corporations or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
See "SAME OWNERSHIP".
Any existing street to which the parcel of land to be subdivided abuts on only one (1) side.
The City Planning Commission established in accordance with Chapter 89, RSMo.
The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval.
An estimate of the greatest theoretical depth of precipitation for a given duration over a particular drainage area. Values of PMP for various durations and areas are given in Hydrometeorological Report No. 51, Probable Maximum Precipitation Estimates, United States East of the 105th Meridian, published by the U.S. Department of Commerce, June 1978.
Any development involving the construction, reconstruction or improvement of structures and/or grounds.
Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking areas, lot improvement or other facility for which the City may ultimately assume the responsibility for maintenance and operation of which may affect an improvement for which City responsibility is established. All such improvements shall be properly bonded.
An engineer properly licensed and registered in the State of Missouri.
A land surveyor properly licensed and registered in the State of Missouri.
A change in a map of an approved or recorded subdivision plat if such change affects any street layout shown on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electrical transmission line, oil or gas pipeline, water main, sanitary storm sewer main or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown of a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions of areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
A road or a portion of a street with only one (1) vehicular-traffic outlet.
The distance between property lines measured at right angles to the center of the street.
For the purpose of providing for the development of the street, highways, roads and rights-of-way in the City and for their future improvement, reconstruction, realignment and necessary widening, including provision for curbs and sidewalks, each existing street, highway, road and right-of-way, and those located on approved and filed plats, have been designated on the City Street Plan of the City and classified therein. The classification of each street, highway, road and right-of-way is based upon its location in the respective zoning districts of the City and its present and estimated future traffic volume and its relative importance and function as specified in the Master Plan of the City. The required improvements shall be measured as set forth for each street classification on the City Street Plan.
Any immediate or future transfer of ownership, including contract of sale or transfer, or an interest in a subdivision or part thereof, whether by metes or bounds, deed, contract, plat, map or other written instrument.
Ownership by the same person, corporation, form, entity, partnership or unincorporated association; or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a stockholder, partner or associate or a member of his family owns an interest in each corporation, firm, partnership, entity or unincorporated association.
Either:
A strip of at least ten (10) feet wide, densely planted (or having equivalent natural growth) with shrubs and trees at least four (4) feet high at the time of planting, of a type that will form a year-round dense screen at least six (6) feet high, or
An opaque wall or barrier or uniformly painted fence at least six (6) feet high.
Either (1) or (2) shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof except the following: For each entrance, one (1) directional arrow with the name of the establishment with "For Patrons Only" or like limitation, not over two (2) square feet in area, which shall be non-illuminated. Where required in the district regulations, a screen shall be installed along or within the lines of a plot as a protection to adjoining or nearby properties. |
The distance between a building and the street line nearest thereto.
A tree in a public place, street or special easement adjoining a street as provided in these regulations.
Waters derived from precipitation falling within a drainage area, flowing over the surface of the ground or collected in channels or conduits.
A street providing through traffic movement between areas and across the City and direct access to abutting property, subject to necessary control of entrances, exists and curb use. Major streets are identified on the major street plan and are given a functional designation as either "primary" or "secondary" arterials.
Existing traveled roadways whether improved to City standards or not and with or without dedicated rights-of-way and located along the periphery of the proposed development.
A roadway or street used for internal vehicular circulation within a development, which has been identified as such on the development plan or preliminary plat and is located within the access easement recorded on the plat.
Any construction above or below ground.
Any person who:
Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who,
Directly or indirectly, sells, leases or develops or offers to sell, lease or develop or advertises for sale, lease or development, any interest, lot, parcel, site, unit or plat in a subdivision or who,
Engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development, a subdivision or any interest, lot, parcel, site, unit or plot in a subdivision and who,
Is directly or indirectly controlled by or under direct or indirect common control, with any of the foregoing.
Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots or interests of less than five (5) acres, for the purpose of offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. "Subdivision" includes the division or development of residential and non-residential zoned land, whether by deed, metes and bounds description, map, plat or other recorded instrument and further includes the creation of a condominium, town home or any other division of property into units and common elements.
Any person who represents or acts for or on behalf of, a subdivider or developer, in selling, leasing or developing or offering to sell, lease or develop any interest, lot, parcel, unit, site or plot in a subdivision, except an attorney-at-law whose representations of another person consists solely of rendering legal services and who has not other interest, direct or indirect, in the subdivision.
The final map or drawing, described in these regulations, on which the subdivider's plan of subdivision is presented to the Planning Commission for recommendation and which, if approved by the Board of Aldermen, shall be submitted to the Platte County Recorder of Deeds for filing.
A detention basin intended to have a permanent pool. Also called a "retention basin".
The official zoning ordinance of the City, together with any and all amendments thereto, adopted pursuant to Chapter 89, RSMo.
[Ord. No. 976 §1.7, 11-25-1997]
A.
In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the purposes and policies as stated above for the promotion of the public health, safety and general welfare of the City.
1.
Conflict with public provisions. These regulations are not intended to interfere with, abrogate or annul any other City ordinance, rule or regulation, Statute or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other City ordinance, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
2.
Conflict with private provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations, than such easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations, or the determinations of the Planning Commission or the Board of Aldermen in approving a subdivision or in enforcing these regulations and such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determination.
3.
Separability. If any part or provision of these regulations or application thereof to any persons or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances.
B.
The Planning Commission hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application.
[Ord. No. 976 §1.8, 11-25-1997]
These regulations shall not be construed as abating any action now pending under or by virtue of, prior existing subdivision regulations or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the City, except as shall be expressly provided for in these regulations.
[Ord. No. 976 §1.9, 11-25-1997]
For the purpose of providing for the public health, safety and general welfare, the Board of Aldermen may, from time to time, amend the provisions imposed by these Subdivision Regulations. Public hearings on all proposed amendments shall be held by the Board of Aldermen. Fifteen (15) days notice of the time and place of such hearing shall be published in a paper of general circulation in the City.
[Ord. No. 976 §1.10, 11-25-1997]
The subdivision of land is a privilege conferred upon the developer by the laws of the State of Missouri and through these Subdivision Regulations. It is the developer who is seeking to acquire the advantages of lot subdivision and upon him rests the duty of compliance with reasonable conditions laid down by the Planning Commission and the Board of Aldermen for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economical development of the City and to the safety and general welfare of the future plot owners in the subdivision and of the community at large.
[Ord. No. 976 §1.11, 11-25-1997]
A.
Procedure For Resubdivision. An existing, platted lot may be divided by a lot split into not more than two (2) parts which singularly or combined with the adjoining lot results in the two (2) lots which meet the minimum size and area requirements of the zoning district in which the lots are located. The new lots cannot be further subdivided in the future without replatting.
B.
Procedure For Subdivisions Where Future Resubdivision Is Indicated. Whenever a parcel of land is subdivided and the subdivision plat shows one (1) or more lots containing more than one (1) acre of land and there are indications that such lots will eventually be resubdivided into smaller building sites, the Planning Commission or the Board of Aldermen may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat.
[Ord. No. 2012, 1-28-2025]
A.
Lot Line Adjustment. An application for a lot line adjustment may be submitted to the Enforcement Officer if the proposed adjustment meets the following criteria:
1.
The proposed lot line adjustment between owners of adjoining properties is solely for the purpose of adjustments in boundaries, or for the purpose of adjusting building lines.
2.
Additional lots are not created.
3.
No lot remaining after such lot line adjustment is less than the minimum lot sizes, setback and other lot standards required in the Zoning Ordinance.
B.
Lot Consolidations. An application for a lot consolidation may be submitted to the Enforcement Officer if the proposed consolidation meets the following criteria:
1.
The proposed consolidation is of lots under a single ownership.
C.
Application Procedure. The procedure for requesting a lot consolidation or a lot line adjustment shall be as follows:
1.
The applicant shall submit an application for the chosen land proposal category, pay an application fee in the amount provided in the City fee schedule, and submit all required documents to the Enforcement Officer.
2.
The application shall include four physical copies of the proposed lot survey as prepared by a professional land surveyor or engineer, as well as a digital copy. Requirements within Subsection (D) must be met, as well as any other requirements asked of by the Enforcement Officer.
3.
The Enforcement Officer shall, within 14 business days of the filing of the application, approve or reject the proposed land application. The applicant shall be notified in writing of the action of the Enforcement Officer. If such application is rejected by the officer, the applicant may submit a plat as authorized by this Chapter or may appeal to the Planning and Zoning Commission by filing with the City Clerk a written notice of appeal within 15 days after notification or rejection by the Enforcement Officer.
4.
If such an application is approved by the officer, the officer will stamp the submitted surveys with the department's approval, and the applicant must record the surveys with the applicable county recorder within thirty (30) days. The City shall retain two (2) paper copies approved as recorded with the county.
D.
Required Submittal Data.
1.
Name of subdivision.
2.
Name and address of the owner and subdivider.
3.
Scale, north arrow and date on each page.
4.
All monuments to be of record.
5.
Sufficient survey data to positively describe the bounds of every lot, block, street, easement, existing buildings and utilities, or other areas shown on the plat, as well as the outer boundaries of the subdivided lands within a minimum two hundred fifty (250) feet radius.
6.
Provision for the signature of the Mayor, the Enforcement Officer, and the City Clerk certifying that the foregoing plat has been filed and approved by the City.
7.
A certificate by a professional land surveyor that the plat was prepared by the surveyor or under the surveyor's supervision, signed and dated by the surveyor and bearing the surveyor's State registration number and seal.
[Ord. No. 976 §1.12, 11-25-1997]
A.
Any plat or any part of any plat may be vacated by the owner of the premises, at any time before the sale of any lot therein, by a written instrument, to which a copy of such plat shall be attached, declaring the same to be vacated.
B.
Such an instrument shall be approved by the Board of Aldermen in like manner as plats of subdivisions. The Board of Aldermen may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets or alleys. Such an instrument shall be executed, acknowledged or approved and recorded or filed, in like manner as plats of subdivisions; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described in such plat.
C.
When lots have been sold, the plat may be vacated in the manner herein provided by all the owners of lots in such plat joining in the execution of such writing.
[Ord. No. 976 §1.13, 11-25-1997]
A.
Where the Board of Aldermen, upon recommendation of the Planning Commission, finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations, it may approve variations or exceptions to these Subdivision Regulations so that substantial justice may be done and the public interest secured, provided that such variation or exception shall not have the effect of nullifying the intent and purpose of these regulations; and further provided, the Planning Commission shall not recommend variations unless it shall make findings based upon the evidence presented to it in each specific case that:
1.
The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located.
2.
The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable generally to other property.
3.
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out.
4.
The variations will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan or City Street Plan.
B.
Conditions. In recommending variations and exceptions, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
C.
Procedures. A petition for any such variation shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Planning Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
[Ord. No. 976 §1.14, 11-25-1997]
Any waiver of the required improvements shall be only by the Board of Aldermen with the recommendation of the Planning Commission showing that such improvement is not technically feasible.
[Ord. No. 976 §1.15, 11-25-1997]
A.
It shall be the duty of the City Engineer or Enforcement Officer appointed by the Board of Aldermen to bring to the attention of the Board of Aldermen any violations or lack of compliance herewith and it shall be the duty of the Board of Aldermen to enforce these regulations.
B.
No owner or agent of the owner, of any parcel of land, located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the Board of Aldermen, in accordance with the provisions of these regulations and filed with the Platte County Recorder of Deeds.
C.
The subdivision of any lot or any parcel of land by the use of metes and bounds description for the purpose of sale, transfer or lease with the intent of evading these regulations, shall not be permitted. All such described subdivisions shall be subject to all of the requirements contained in these regulations.
D.
No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of these regulations.
1.
Abatement and injunctive relief. In the event any subdivision of land is begun or made in violation of these subdivision regulations, the Board of Aldermen, Enforcement Officer, Planning Commission, City Attorney or owner of any private property or any public body, the property of whom or which is or may be affected by any such violation, may institute in the Circuit Court any appropriate action or proceeding to prevent such unlawful subdivision development or to restrain, abate or correct such violation or to prevent the occupancy of such building or structure or unlawful use of such land and to prevent any illegal act, conduct, business or use in or about the premises.
2.
Unapproved plats not to be recorded. No plat of subdivision of land in the incorporated areas of the City shall be recorded with the Platte County Recorder of Deeds unless and until such approval is endorsed on the plat by the Chairman of the Planning Commission.
3.
Violations and penalties. Any person, firm or corporation who fails to comply with or violates any of these regulations shall be guilty of an ordinance violation and upon conviction thereof shall be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00), or by confinement in the City Jail or Platte County Jail or any suitable detention facility designated by the Court for not more than ninety (90) days, or by both such fine and confinement, pursuant to the provisions of Section 89.490, RSMo.
4.
Use of unapproved plat. No owner, or agent of the owner, of any land located within the platting jurisdiction of the City, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the Board of Aldermen or Planning Commission and recorded in the office of the Platte County Recorder of Deeds unless the owner or agent shall disclose in writing that such plat has not been approved by such Board of Aldermen or Planning Commission and the sale is contingent upon the approval of such plat by such Board of Aldermen or Planning Commission. Any person violating the provisions of this Section shall forfeit and pay to the City a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The City may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.
[Ord. No. 976 §1.16, 11-25-1997; Ord. No. 1175 §1, 7-11-2000]
The applicant shall submit the following fees at the time of application to cover costs incurred by the City for actions as described in these regulations:
Item | Fee | |
|---|---|---|
Lot Split | $100.00 | |
Minor subdivision preliminary and final plat fees | $300.00 plus $5.00/lot | |
Major subdivision — preliminary plat*** | $1,000.00 plus $5.00/lot | |
Major subdivision - final plat *** | $500.00 plus $5.00/lot | |
Construction plan review*** | 0.50% of construction costs | |
Street signs | $140.00/sign | |
Construction observation fee* | 2.50% of construction costs | |
Fee in lieu of parkland dedication** | $75,000.00 per acre of required parkland | |
* | The City may reimburse a portion of the Construction Observation Fee provided that the applicant agrees to provide adequate inspection by a qualified independent party. The independent construction observer must be approved by the Enforcement Officer. If in the opinion of the Enforcement Officer, inspection provided by the independent construction observer is inadequate, the City reserves the right to issue a stop order on construction until such time that the construction observer is improved to a level considered adequate by the Enforcement Officer. | |
** | This fee is based on the following assumptions: three (3) single-family lots per acre of developed land with a fair market value of $25,000.00 per lot. | |
*** | The City may reimburse a portion of these fees if consulting and staff expenses related to the project do not exceed the fees paid by the applicant. The City will bill applicant for consulting and staff expenses that exceed fees collected on a project. Total fees for preliminary plat review, final plat review, construction plan review and construction observation billed by the City shall not exceed four percent (4%) of the construction costs for the public improvements a part of the development/application. | |