[R.O. 1991 § 425.250; Ord. No. 2901-14 § 1, 8-5-2014]
The intent of this Article is to provide the procedures and structure for all applications for plat submission. The procedures herein are designed to allow staff the earliest opportunity to make recommendations to the applicant that will ensure the proposal will comply with the Comprehensive Plan, Chapter 400, Zoning Regulations, and infrastructure plans for the City of Smithville and give the applicant the broadest design opportunities that are in compliance with those plans.
[R.O. 1991 § 425.255; Ord. No. 2901-14 § 1, 8-5-2014]
Prior to the filing of an application
for plat approval, the applicant and/or the applicant's engineer,
surveyor or land-planning consultant shall confer with the Community
Development Director and/or the Development Review Committee to discuss,
in general, the procedures and requirements for subdivision approval
pursuant to these regulations and, more specifically, the tentative
development plans of the applicant. The applicant should provide a
sketch of the proposed plat that identifies the major features to
be requested. Discussion should focus on applicable provisions of
these regulations, physical features of the proposed development,
the availability of public facilities and services, the timing and
placement of public improvements and any Comprehensive Plan, Official
Map and major street plan requirements for land use, parks, schools
and public open spaces. The Community Development Director shall preliminarily
determine whether a preliminary plat application should or will be
necessary. Within ten (10) days of the meeting, the Community Development
Director shall provide the applicant notice of any technical studies
that will be submission requirements as a result of the proposed development.
If the proposed development will be completed in one (1) single phase,
the Director shall also notify the applicant of those provisions of
425.275 (A)(4) that will be required for the initial staff review
submittal.
[R.O. 1991 § 425.260; Ord. No. 2901-14 § 1, 8-5-2014]
The Community Development Director,
City Engineer, Planning and Zoning Commission or Board of Aldermen
may require applicants for subdivision, development or permit approval
to submit such technical studies as may be necessary to enable the
Planning and Zoning Commission or Board of Aldermen to evaluate the
application. Examples of technical studies that may be required shall
include, but not be limited to, traffic studies, engineering studies,
geological or hydrologic studies, environmental impact assessments
or noise studies. The persons or firms preparing the studies shall
be subject to the approval of the Community Development Director.
[R.O. 1991 § 425.265; Ord. No. 2901-14 § 1, 8-5-2014]
The applicant shall pay for all costs
associated with any required technical studies, including, but not
limited to, the City's review of such studies, as well as reimburse
the City for any and all expenses associated with any notices and/or
mailings provided as a result of any application herein.
[R.O. 1991 § 425.270; Ord. No. 2901-14 § 1, 8-5-2014]
A.
The minor plat filing procedure is limited
to those plats that require City approval, but do not implicate the
full subdivision process. No person shall record a deed or other document
adjusting the property boundary not otherwise approved by the procedures
of this Section in the manner described herein. The following minor
plats may be submitted for approval:
1.
Lot line adjustments.
2.
Property ownership divisions in "R-2" zoned property authorized by Section 400.130(F)(4).
3.
Property ownership divisions in "R-3" zoned property authorized by Section 400.150(F)(4).
B.
All such requests for minor plat approval shall provide all information necessary to enable the proposal to be properly evaluated, shall be accompanied by a filing fee in accordance with Section 425.090 and the preliminary record of survey showing the proposed new parcel boundaries and including complete legal descriptions.
C.
After investigation and receipt of reports
of other departments or affected agencies, the Director shall approve
the minor plat or approve it subject to conditions or exactions necessary
to conform to zoning and building ordinances or to facilitate relocation
of existing utilities, infrastructure or easements, or to assure that
the record of survey map is properly recorded, provided it is found
in writing that the proposed minor plat conforms to local zoning and
building ordinances. Such plat shall include a signature line for
the City of Smithville with a certification that the plat complies
with City ordinances.
[R.O. 1991 § 425.275; Ord. No. 2901-14 § 1, 8-5-2014]
A.
After reaching the preliminary conclusions
regarding the requirements for the proposed subdivisions and it is
determined that the proposal will be completed in more than one (1)
phase, the applicant shall submit a preliminary plat application,
together with any supplementary information necessary to the Community
Development Director.
1.
Submission of a preliminary plat
application shall include the following items:
a.
Filing Fee. The filing fee in accordance with Section 425.090 shall accompany the filing of each preliminary plat. The preliminary plat shall not be accepted for filing until the filing fee therefor has been paid.
b.
Number Of Copies. The applicant shall
submit five (5) full-sized (minimum size is twenty-four (24) inches
by thirty-six (36) inches) copies of the preliminary plat for use
by staff during the initial submission review. After completion of
staff review and any required revisions have been made, the applicant
shall submit five (5) full-sized copies of the revised preliminary
plat and five (5) full-sized copies of a vicinity map (if not on the
preliminary plat) showing the location of the subdivision, twelve
(12), eleven-inch-by-seventeen-inch copies of the same, as well as
provide a digital copy in both AutoCAD and PDF formats. These revised
or additional plans shall be filed with the Community Development
Director at least twenty (20) days prior to a regular Planning and
Zoning Commission meeting at which the preliminary plat is to be considered.
c.
The applicant shall submit with the
initial submission of the preliminary plat a complete list of the
names and mailing addresses of all owners of record of all land within
two hundred (200) feet of the property being proposed for subdividing
or resubdividing in Word format, as well as the legal description
of the property included in the application in Word format.
d.
Preliminary plats shall contain:
(1)
The proposed name of
the subdivision. (The name shall not duplicate or too closely resemble
the name or names of any existing subdivision.)
(2)
The location of the
boundary lines of the subdivision and reference to the section or
quarter section lines.
(3)
The legal description
of the entire tract to be subdivided and reference of the legal description
to at least one (1) corresponding point designated in the Missouri
State Plane Coordinate System.
(4)
The names and addresses
of the applicant(s), developer(s) and owner(s) of record and the name,
address and seal of the engineer, architect, land planner or land
surveyor who prepared the plat.
(5)
Scale of the plat; one
(1) inch equals one hundred (100) feet or larger.
(6)
Date of preparation
and north point on each map, sheet or plan.
(7)
Existing conditions
within two hundred (200) feet:
(a)
Location, width and
name of platted streets or other public ways, railroads and utility
rights-of-way, parks and other public open spaces and permanent buildings
within or adjacent to the proposed subdivision.
(b)
All existing sewers,
water mains, gas mains, culverts or other underground installations,
within or adjacent to the proposed subdivision, with pipe size and
manholes, grades and location.
(c)
Names of adjacent subdivisions
together with arrangement of streets and lots and owners of adjacent
parcels of unsubdivided land.
(d)
Topography (unless specifically
waived) with contour intervals of not more than two (2) feet, referred
to City or USGS datum; where the ground is too flat for contours,
spot elevations shall be provided.
(e)
Location of watercourses,
bridges, wooded areas, lakes, ravines and such other features as may
be pertinent to the subdivision.
(8)
The general arrangements
of lots and their approximate size.
(9)
Location and width of
proposed streets, alleys, pedestrianways and easements.
(10)
The name(s) of the
proposed streets. The names shall not duplicate other existing or
proposed streets, unless it is an extension of an existing street.
(11)
The general plan of
sewage disposal, water supply and drainage.
(12)
Location and size of
proposed parks, playgrounds, churches, school sites or other special
uses of land to be considered for reservation or dedication for public
use.
(13)
General layout of adjacent
unsubdivided property to show how streets and other public facilities
in the proposed subdivision relate to the unsubdivided property.
(14)
The location of lots,
streets, public highways, alleys, parks and other features, with accurate
dimensions in feet and decimals of feet with the length of radii on
all curves, and other information necessary to reproduce the plat
on the ground. Dimension shall be shown from all curbs to lot lines.
Lot dimensions at the building setback line shall be shown.
(15)
A description of each
of the proposed phases of development, with each phase clearly identified
on all maps, drawings and plans.
(16)
The location of any
and all temporary improvements for safe ingress and egress and access
to all areas of each phase or phases of development on all maps, drawings
and plans.
(17)
Each phase shall provide
for the logical progression of streets and utilities, including, but
not limited to, sanitary sewers, stormwater management, electric,
water, gas, cable television and street lighting.
e.
Development Agreement Submittals.
Technical Studies identified by the Community Development Director
following the preapplication meeting as required studies shall be
submitted with the preliminary plat. Such initial studies may include,
but not be limited to, traffic studies, sanitary sewer studies, storm
sewer/water quality studies and waterline studies.
2.
Development Review Committee And
Schedules. Once the applicant has submitted a complete preliminary
plat application, staff shall begin review of each of the submittals,
including any required technical studies. Upon making initial determinations
of the studies, staff shall schedule a Development Review Committee
meeting with the applicant. The Development Review Committee meeting
with the applicant shall include discussion concerning the technical
studies, and include a proposed development agreement time line for
improvement installation in accordance with the proposed phasing plan
submitted by the applicant.
3.
Guidelines For Review. The Planning
and Zoning Commission shall consider the following criteria in making
a recommendation on the preliminary plat:
a.
The plat conforms to these regulations and the applicable provisions of Chapter 400, Zoning Regulations, and other land use regulations.
b.
The plat represents an overall development
pattern that is consistent with the goals and policies of the Comprehensive
Plan.
c.
The development shall be laid out
in such a way as to result in:
(1)
Good natural surface
drainage to a storm sewer or a natural watercourse.
(2)
A minimum amount of
grading on both cut or fill and preservation of good trees and other
desirable natural growth.
(3)
A good grade relationship
with the abutting streets, preferably somewhat above the street.
(4)
Adequate lot width for
the type or size of dwellings contemplated, including adequate side
yards for light, air, access and privacy.
(5)
Adequate lot depth for
outdoor living space.
(6)
Generally regular lot
shapes, avoiding acute angles.
(7)
Adequate building lots
that avoid excessive grading, footings or foundation walls.
d.
The plat contains lot and land subdivision
layout that is consistent with good land planning and site engineering
design principles.
e.
The location, spacing and design
of proposed streets, curb cuts and intersections are consistent with
good traffic engineering design principles.
f.
The plat is served or will be served
at the time of development with all necessary public utilities and
facilities, including, but not limited to, water, sewer, gas, electric
and telephone service, schools, parks, recreation and open space and
libraries in the form of a development agreement.
g.
The plat shall comply with the stormwater
regulations of the City and all applicable storm drainage and floodplain
regulations to ensure the public health and safety of future residents
of the subdivision and upstream and downstream properties and residents.
The Commission shall expressly find that the amount of off-site stormwater
runoff after development will be no greater than the amount of off-site
stormwater runoff before development.
h.
Each lot in the plat of a residential
development has adequate and safe access to/from a local street.
i.
The plat is located in an area of
the City that is appropriate for current development activity; it
will not contribute to sprawl nor to the need for inefficient extensions
and expansions of public facilities, utilities and services.
j.
If located in an area proposed for
annexation to the City, the area has been annexed prior to, or will
be annexed simultaneously with plat approval.
k.
The applicant agrees to dedicate
land, right-of-way and easements, as may be determined to be needed,
to effectuate the purposes of these regulations and the standards
and requirements incorporated herein.
l.
All applicable submission requirements
have been satisfied in a timely manner.
m.
The applicant agrees, in the form
of a development agreement, to provide additional improvements, which
may include any necessary upgrades to adjacent or nearby existing
roads and other facilities to current standards and shall include
dedication of adequate rights-of-way to meet the needs of the City's
transportation plans.
4.
Preliminary Plats — Action
By Commission — Public Hearing. Within sixty (60) days after
the submission of a preliminary plat, the Planning and Zoning Commission
shall hold a public hearing on the preliminary plat application, except
that the sixty-day period may be extended with the consent of the
applicant. Notice of the hearing shall be provided in accordance with
the requirements for rezoning applications. After such public hearing,
the Planning and Zoning Commission shall recommend to the Board of
Aldermen its approval or disapproval of the plat. Action by the Planning
and Zoning Commission shall be conveyed to the applicant in writing
within ten (10) days after the official Planning and Zoning Commission
meeting that the plat was considered. In cases where the recommendation
is for the disapproval of the plat, the applicant shall be notified
of the reason for such action and what requirements shall be necessary
to obtain the recommendation of approval of the Planning and Zoning
Commission.
5.
Preliminary Plats — Action
By Governing Body.
a.
If the Planning and Zoning Commission
rejects or withholds approval of a plat, the applicant may request
that said plat be submitted to the Board of Aldermen, and the Planning
and Zoning Commission shall forward the proposed plat, together with
its recommendation, stating the reason or reasons for the action taken.
If the Planning and Zoning Commission recommends approval of a plat,
said plat shall be placed on the next available meeting of the Board
of Aldermen.
b.
The Board of Aldermen shall review the application, the plat, the record of the public hearing and the Commission's recommendation and may approve, conditionally approve or disapprove the preliminary plat. The Board shall base its review and decision on the criteria contained in Subsection (A)(3) herein and such other factors as it deems relevant and applicable and then may make such finding and determinations as are deemed proper.
6.
Effect Of Preliminary Plat Approval.
The approval of the preliminary plat by the Board confers upon the
applicant, for a period of twenty-four (24) months from the date of
the approval, the right to proceed to final plat approval and to develop
the subject tract or parcel pursuant to the terms and conditions pursuant
to which the preliminary plat approval was granted by the Board. The
Planning and Zoning Commission may, before the expiration of a period
of six (6) months from Board approval, due to substantial justification
or change in the area or applicable codes and regulations, require
the redesign and/or resubmission of the preliminary plat. Only the
Commission may extend the two-year period and only if the applicant
has applied in writing for an extension and the Commission determines
that a longer period should be granted due to unusual circumstances.
If no final plat on any portion of a subdivision for which preliminary
approval has been granted is approved within said two-year period
or such longer period as the Commission may expressly allow, a resubmission
of the preliminary plat (or a revised preliminary plat) shall be required
pursuant to the then-current subdivision regulations and any other
applicable land use regulations or requirements. In the event that
a final plat for any portion is approved according to these provisions
but then no construction occurs on any of the lots for a period of
seven (7) years, and subsequently a new application for final plat
approval is submitted on any subsequent phase, the new final plat
shall be made compliant with the then-current subdivision regulations
and any other applicable land use regulations or requirements. After
approval of a preliminary plat, the applicant may proceed to prepare
and file a construction plan as may be required for all public facilities
and utilities to be provided and may submit the proposed final plat
to the Commission for action.
[R.O. 1991 § 425.280; Ord. No. 2901-14 § 1, 8-5-2014]
After reaching the preliminary conclusions regarding the requirements for the proposed subdivision at the preapplication conference and it is determined that the proposal will be completed in one single phase, the applicant shall submit an initial draft of the proposed final plat that includes those items identified by the Community Development Director following the preapplication conference. Staff shall then conduct an initial review of the submittal(s) and submit to the applicant a staff recommendation concerning the compliance of the initial draft submittal with applicable Comprehensive Plan and zoning requirements. Upon receipt of the staff report, the applicant may then submit a final plat application in accordance with Section 425.285.
[R.O. 1991 § 425.285; Ord. No. 2901-14 § 1, 8-5-2014]
A.
All applications for final plat shall be
in accordance with these regulations:
1.
All requests for a final plat shall
submit the proposed plat application together with any supplementary
information necessary to the Director.
2.
All applications for final plat approval
shall include the following items:
a.
Filing Fee. A filing fee in accordance with Section 425.090 shall be paid with the initial application. The proposed plat shall not be accepted for filing until the filing fee therefor has been paid.
b.
Number Of Copies. The applicant shall
initially submit five (5) full-sized (twenty-four-inch-by-thirty-six-inch)
copies of the proposed plat for use by staff during the initial submission
review by the Development Review Committee. After completion of staff
review and all required revisions have been made, the applicant shall
submit five (5) full-sized copies of the revised plat and five (5)
full-sized copies of a vicinity map (if not on the plat) showing the
location of the subdivision, twelve (12), eleven-inch-by-seventeen-inch
copies of the same, as well as provide a digital copy in both AutoCAD
and PDF formats. These revised or additional plans shall be filed
with the Director at least twenty (20) days prior to a regular Planning
and Zoning Commission meeting at which the plat is to be considered.
Failure to timely submit revised copies of the plat will be considered
a request for an extension of time and delay the item on the Commission
agenda.
3.
Information. The final plat shall
be sized and laid out to meet the standards for recording the document
in accordance with the County Recorder's office in which the subdivision
is located, and show and contain the following information:
a.
Name of subdivision (not to duplicate
or too closely resemble the name of any existing subdivision).
b.
Location of section, township, range,
County and State, including the descriptive boundaries of the subdivision
based on an accurate traverse, giving angular and linear dimensions
which must be mathematically correct. The allowable error of closing
on any portion of the plat shall be one (1) foot in five thousand
(5,000).
c.
The location of existing monuments
or bench marks shall be shown and described on the final plat. Location
of such monuments shall be shown in reference to existing official
monuments or the nearest established street lines, including the true
angles and distances to such reference points or monuments.
d.
The State plane coordinates tied
to the Clay County Assessor's geographic information system (GIS).
e.
The location of lots, streets, public
highways, alleys, parks and other features, with accurate dimensions
in feet and decimals of feet with the length of radii on all curves
and other information necessary to reproduce the plat on the ground.
Dimension shall be shown from all curbs to lot lines.
f.
Lots shall be numbered clearly. Blocks
shall be numbered or lettered clearly in the center of the block.
g.
The exact locations, widths and names
of all streets and alleys to be dedicated.
h.
Boundary lines and description of
the boundary lines of any area other than streets and alleys which
are to be dedicated or reserved for public use.
i.
Building setback lines on the front
and side streets with dimensions.
j.
Name, signature and seal of the licensed
engineer or registered land surveyor preparing the plat.
k.
Scale of the plat (scale to be shown
graphically and in feet per plat scale inch), date of preparation
and north point.
l.
Statement dedicating all easements,
streets, alleys and all other public areas not previously dedicated.
m.
The following certificates, which
may be combined where appropriate:
(1)
A certificate signed
and acknowledged by all parties having any record, title or interest
in the land subdivided and consenting to the preparation and recording
of said subdivision map.
(2)
A certificate signed
and acknowledged as above, dedicating or reserving all parcels of
land shown on the final plat and intended for any public or private
use, including those parcels which are intended for the exclusive
use of the lot owners of the subdivision, their licensees, visitors,
tenants and servants.
(3)
A certificate signed
by the registered land surveyor responsible for the survey and final
map. His/her seal shall accompany the signature of the said surveyor.
(4)
The acknowledgement
of a notary in the following form:
|
Notary Public
| |
|---|---|
|
State of ____________, County of
____________, SS.
| |
|
Be it remembered that on this ____________
day of ____________, 20___, before me, a notary public in and for
said County and State, came ____________ to me personally known to
be the same person who executed the foregoing instrument of writing
and duly acknowledged the execution of same. In testimony whereof,
I have hereunto set my hand and affixed my notarial seal the day and
year above written.
| |
|
(SEAL)
| |
|
My Commission Expires: ____________
| |
(5)
The acknowledgement
of the City in one of the following:
(a)
For multi-phase subdivisions,
the following certificate(s) shall be included:
(i)
The certificate of the
Planning and Zoning Commission in the following form:
|
The preliminary plat of subdivision
was submitted to and approved by the Smithville Planning and Zoning
Commission on the ____________ day of ____________, 20___.
| |
|
(SEAL)
| |
|
Chairman
| |
|
(SEAL)
| |
|
Secretary
| |
(ii)
The approval of the
plat by the Board of Aldermen in the following form:
|
This final plat approved by the Board
of Aldermen of Smithville, Missouri, this ____________ day of ____________,
20___.
| ||
|
(SEAL)
| ||
|
Mayor
| ||
|
ATTEST:
| ||
|
, City Clerk
| ||
(b)
For single-phase subdivisions,
the following certificate(s) shall be included:
(i)
The certificate of the
Planning and Zoning Commission in the following form:
|
The final plat of ____________ subdivision
was submitted to and approved by the Smithville Planning and Zoning
Commission on the ____________ day of ____________, 20___.
| ||
|
(SEAL)
| ||
|
Chairman
| ||
|
(SEAL)
| ||
|
Secretary
| ||
(ii)
The approval of the
plat by the Board of Aldermen in the following form:
|
This final plat approved ____________
by the Board of Aldermen of Smithville, Missouri, this ____________
day of ____________, 20___.
| ||
|
(SEAL)
| ||
|
Mayor
| ||
|
ATTEST:
| ||
|
, City Clerk
| ||
(6)
A blank space for noting
entry on the transfer record in the following form:
|
Entered on transfer record this ____________
day of ____________, 20___.
| ||
|
County Recorder
| ||
n.
The following additional data and
documents shall be submitted with the final plat:
(1)
A title report by an
abstract or a title insurance company, or an attorney's opinion of
title, showing the name of the owner of the land and all other persons
who have an interest in or an encumbrance on the plat. The consent
of all such persons shall be shown on the plat.
(2)
A certificate showing
that all taxes and special assessments due and payable have been paid
in full. If such taxes have been protested as provided by law, monies
or other sufficient escrows guaranteeing such payment of taxes in
the event the protest is not upheld may be placed on deposit with
such officials or Governing Bodies to meet this requirement.
(3)
A copy of any restrictive
covenants applicable to the subdivision.
(4)
Certification from the
engineer or surveyor platting said area that all permanent monuments
as required have been set.
o.
The applicant shall submit, with
the initial submission of the plat, a complete list of the names and
mailing addresses of all owners of record of all land within two hundred
(200) feet of the property being proposed for subdividing or resubdividing,
as well as the legal description of the property included in the application
in Word format.
4.
Guidelines For Review — Single-Phase
Subdivisions. The Planning and Zoning Commission shall consider the
following criteria in making a recommendation on the plat:
a.
The plat conforms to these regulations and the applicable provisions of Chapter 400, Zoning Regulations, and other land use regulations.
b.
The plat represents an overall development
pattern that is consistent with the goals and policies of the Comprehensive
Plan.
c.
The development shall be laid out
in such a way as to result in:
(1)
Good natural surface
drainage to a storm sewer or a natural watercourse.
(2)
A minimum amount of
grading on both cut or fill and preservation of good trees and other
desirable natural growth.
(3)
A good grade relationship
with the abutting streets, preferably somewhat above the street.
(4)
Adequate lot width for
the type or size of dwellings contemplated, including adequate side
yards for light, air, access and privacy.
(5)
Adequate lot depth for
outdoor living space.
(6)
Generally regular lot
shapes, avoiding acute angles.
(7)
Adequate building lots
that avoid excessive grading, footings or foundation walls.
d.
The plat contains lot and land subdivision
layout that is consistent with good land planning and site engineering
design principles.
e.
The location, spacing and design
of proposed streets, curb cuts and intersections are consistent with
good traffic engineering design principles.
f.
The plat is served or will be served
at the time of development with all necessary public utilities and
facilities, including, but not limited to, water, sewer, gas, electric
and telephone service, schools, parks, recreation and open space and
libraries.
g.
The plat shall comply with the stormwater
regulations of the City and all applicable storm drainage and floodplain
regulations to ensure the public health and safety of future residents
of the subdivision and upstream and downstream properties and residents.
The Commission shall expressly find that the amount of off-site stormwater
runoff after development will be no greater than the amount of off-site
stormwater runoff before development.
h.
Each lot in the plat of a residential
development has adequate and safe access to/from a local street.
i.
The plat is located in an area of
the City that is appropriate for current development activity; it
will not contribute to sprawl nor to the need for inefficient extensions
and expansions of public facilities, utilities and services.
j.
If located in an area proposed for
annexation to the City, the area has been annexed prior to, or will
be annexed simultaneously with plat approval.
k.
The applicant agrees to dedicate
land, right-of-way and easements, as may be determined to be needed,
to effectuate the purposes of these regulations and the standards
and requirements incorporated herein.
l.
All applicable submission requirements
have been satisfied in a timely manner.
m.
The applicant agrees to provide additional
improvements, which may include any necessary upgrades to adjacent
or nearby existing roads and other facilities to current standards
and shall include dedication of adequate rights-of-way to meet the
needs of the City's transportation plans.
5.
Guidelines For Review — Subdivisions
With An Approved Preliminary Plat.
a.
The final plat shall conform as closely as possible to the approved preliminary plat with no substantial deviations from said plat. All improvements and facilities to be provided by the developer shall be approved by the Director and installed prior to the issuance of any building permit or adequate security in lieu of making improvements shall be provided in accordance with Section 425.340 of these regulations. The developer shall offer all required dedications and easements before the Board may approve the final plat.
b.
Prior to submitting the final plat
to the Board, the Development Review Committee shall review the plat
for substantial deviation from the approved or conditionally approved
preliminary plat. If the final plat is found to deviate substantially
from the approved preliminary plat, the applicant must submit a new
final plat eliminating all such deviations. If the applicant decides
to not eliminate the deviations, the applicant must submit a new preliminary
plat, and such new preliminary plat will be subject to the subdivision
or other applicable land development regulations in effect at the
time of the new submittal. Substantial deviations may include, but
are not necessarily limited to, the following:
(1)
A change in the location
or design of a public street or sidewalk;
(2)
A change in the layout
of lots or blocks;
(3)
A change in access to
lots;
(4)
A change in areas, streets,
rights-of-way or easements to be reserved or dedicated;
(5)
A change in the drainage
plan which increases the runoff from the tract;
(6)
A change in the public
utilities and facilities to be provided;
(7)
A change in the number
and/or size of lots; and
(8)
A change in the extent
of buffering between the proposed subdivision and adjacent areas and/or
land uses.
c.
Appeal Of Substantial Deviation Determination.
In the event that the applicant disagrees with the determination that
a substantial deviation from the preliminary plat exists, the applicant
may appeal the determination to the Planning and Zoning Commission.
As a condition to filing such appeal, the applicant consents to extend
the time for completing the review of the application. The Commission
shall review the application and make its own determination whether
a substantial deviation has occurred at the next available meeting.
If the Planning and Zoning Commission determines that no substantial
deviation exists, the application will proceed to the next Board meeting
for final plat action. If the Planning and Zoning Commission determines
that a substantial deviation exists, they shall forward its finding
and recommendation of denial of the application, and the application
will proceed to the next Board meeting for final plat action.
6.
Board Action. Within sixty (60) days
after the submission of a final plat, the Board shall approve or disapprove
the plat; otherwise the plat is deemed approved by the Board, except
that the sixty-day period may be extended with the consent of the
applicant. Action by the Board shall be conveyed to the applicant
in writing within ten (10) days after the official Board meeting,
at which time the plat was considered. In case the plat is disapproved
for a substantial deviation from the preliminary plat, the applicant
shall be notified of the reason for such action and what requirements
shall be necessary to meet the approval of the Board.
7.
Effective Date. The approval of the
final plat shall be effective for thirty-six (36) months, except that
the Board may, after a minimum period of six (6) months due to substantial
justification or change in the area or applicable codes and regulations,
require the redesign and/or resubmission of a preliminary plat.
[R.O. 1991 § 425.290; Ord. No. 2901-14 § 1, 8-5-2014]
Within ninety (90) days following the final plat approval by the Board, and in compliance with Section 425.320, three (3) reproducibles of the final plat shall be filed by the City Clerk with the County Recorder of Deeds; after acknowledgment by the County Recorder of Deeds, one (1) copy shall be retained by the Recorder and two (2) returned to the City Clerk, one (1) copy to be retained by the Clerk and the other to be transmitted to the Community Development Director. The applicant shall bear all expenses in connection with the filing of the final plat, and the Clerk shall not be required to file the plat until the applicant has paid the required filing fee.
