[R.O. 2013 §410.030; CC 1991 §405.030; CC §43.100]
It shall be unlawful for the owner, agent, or persons having
control of any land within the corporate limits of the City to subdivide
or lay out such land into lots, blocks, streets, avenues, alleys,
public ways and grounds, unless by plat in accordance with the laws
of the State of Missouri and the provisions of these regulations.
[R.O. 2013 §410.040; CC 1991 §405.040; CC §43.110]
A. In
obtaining final approval of a proposed subdivision by the City Planning
Commission and the Board of Aldermen, the subdivider shall submit
a preliminary plan, a performance bond and a final plat in accordance
with these regulations.
1. The subdivider shall first prepare and file with the City Planning
Commission two (2) copies of a preliminary plan conforming to the
requirements set forth in these regulations. Said plans shall be accompanied
by a fee of one dollar ($1.00) for each lot in the subdivision providing
said subdivision does not consist of less than ten (10) lots in which
case a minimum filing fee of ten dollars ($10.00) shall be required.
2. The City Planning Commission shall forthwith refer two (2) copies
to the City Engineer.
3. A hearing on the proposal will be held before the City Planning Commission
at its first (1st) regular meeting following the filing. No hearing
shall be held by the Commission until notice thereof, which shall
include the time and place, shall be given to interested parties by
the City Attorney on behalf of the Commission by publication of notice
of said hearing in a daily newspaper for at least one (1) insertion
one (1) week prior to the date of said hearing and by mailing a notice
to the person or persons who filed the preliminary plan to the address
set forth in the filing papers.
4. The City Engineer shall carefully examine said plan as to its compliance
with the laws and regulations of the City, the existing street system,
and good engineering practices and shall within fifteen (15) days
submit his/her findings in duplicate to the City Planning Commission
together with one (1) copy of the plan received.
5. The City Planning Commission shall, upon receiving the City Engineer's
report, as soon as possible, but not more than thirty (30) days thereafter,
and not later than sixty (60) days after receipt of the preliminary
plan from the subdivider, consider said report and pass upon the plan.
It shall then set forth its recommendations in writing whether of
approval, modification or disapproval. In case of modification or
disapproval, it shall give its reasons therefor. The City Planning
Commission shall forthwith return one (1) copy of the approved preliminary
plan to the subdivider.
6. Upon approval of the preliminary plan by the City Planning Commission,
the subdivider may proceed with the preparation of the final plat
and detailed construction drawings and specifications for the improvements
required under these regulations.
7. The approval of the preliminary plan by the City Planning Commission
is revocable and does not constitute final approval or acceptance
of the subdivision by the City Planning Commission or authorization
to proceed on construction of improvements within the subdivision
but shall constitute approval of layout and general engineering proposals
and plans.
8. Before submitting the final plat to the City Planning Commission
for approval, the subdivider shall furnish all plans and information
as listed in "Final Plat Requirements" necessary for the detailed
engineering consideration of the improvements required and obtain
the approval of the City Engineer which shall be endorsed thereon.
9. For final plat approval, the subdivider shall submit to the City
Planning Commission:
a. Twelve (12) copies of the final plat.
b. A performance bond in the amount approved by the City Engineer or
City Attorney.
c. One (1) copy of the certified approved plans, profiles, cross sections
and specifications.
d. A certificate from the City Engineer that the final plat is substantially
in accord with the preliminary plan as approved by the City Planning
Commission.
10. Within sixty (60) days after the submission of a plat to the Commission,
the Commission shall approve or disapprove the plat; otherwise the
plat is deemed approved by the Commission, except that the Commission,
with the consent of the applicant for the approval, may extend the
sixty (60) day period. The grounds of disapproval of any plat by the
Commission shall be made a matter of record.
11. When the final plat has been passed upon by the City Planning Commission,
twelve (12) copies of the final plat and performance bond shall forthwith
be transmitted to the Board of Aldermen, together with a certificate
showing the action of the City Planning Commission.
12. When the final plat has been approved by the Board of Aldermen, the
performance bond accepted and all twelve (12) copies duly certified,
six (6) copies shall be delivered to the City Planning Commission,
one (1) copy to the City Engineer and one (1) to the City Clerk for
their respective files, and one (1) to the subdivider for filing with
the Recorder of Deeds of Atchison County. If said plat is disapproved
by the Board of Aldermen, such disapproval shall point out in writing
wherein said proposed plat is objectionable.
13. The passage of the resolution accepting the plat shall constitute
final approval of the platting of the area shown on the final plat
and shall be endorsed by the City Clerk and the Seal of the City placed
thereon, but the owner shall cause such plat to be recorded in the
office of the Recorder of Deeds of Atchison County and shall file
satisfactory evidence of such recording in the office of the City
Clerk before the City shall recognize the plat as being in full force
and effect.
14. Upon receipt of the duly certified copies of the final plat by the
City Planning Commission, the Secretary of the City Planning Commission
will transmit copies of the plat, upon which have been placed the
official house numbers as determined by the City Engineer, to the
subdivider, the water company, the gas company, and the telephone
company.
15. Receipt of the duly certified final plat by the subdivider is authorization
that he/she may proceed with the installation and construction of
the required improvements.
16. The Board of Aldermen will return the performance bond to the subdivider
upon certification by the City Engineer of satisfactory completion
of the installation and construction of the required improvements
and acceptance of the required improvements by the Board of Aldermen.
Prior to certification by the City Engineer, the subdivider shall
file with the City Engineer plans, profiles and cross sections of
the required improvements as they have been built.