[CC 1979 App. A §2; Ord. No. 827 §2, 10-17-1972; Ord. No. 137-2002 §1, 4-1-2003]
In their interpretation and application, the provisions of this
Chapter shall be held to be the minimum requirements adopted for the
protection of the public health, safety and welfare. To protect the
public, among other purposes, such provisions are intended to provide
for permanently wholesome community environment, adequate municipal
services and safe streets.
[CC 1979 App. A §3; Ord. No. 827 §3, 10-17-1972; Ord. No. 137-2003 §1, 4-1-2003]
This Chapter shall apply to any lot or lots forming a part of
a subdivision created and recorded after the effective date of this
Chapter. Nor is it intended by this Chapter to repeal, abrogate, annul
or in any way impair or interfere with existing provisions of other
laws or ordinances, except those specifically repealed by this Chapter,
or with private restrictions placed upon property by deed, covenant
or other private agreement, or with restrictive covenants running
with the land to which the City is a party. Where this Chapter imposes
a greater restriction upon land than is imposed or required by such
existing provisions of law, ordinance, contract or deed, the provisions
of this Chapter shall control.
[CC 1979 App. A §4; Ord. No. 827 §4, 10-17-1972; Ord. No. 137-2003 §1, 4-1-2003]
The provisions of this Chapter shall be administered by the
City Manager and/or designee. The Planning and Zoning Commission shall
act as the public review and recommendation board prior to submission
for Council approval.
[CC 1979 App. A §5; Ord. No. 827 §5, 10-17-1972; Ord. No. 1123, 11-3-1981; Ord. No. 137-2003 §1, 4-1-2003; Ord. No. 392-2009 §1, 5-5-2009]
For the purposes of this Section, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely
directory.
CITY
The City of Neosho, Missouri.
CITY COUNCIL
The City Council of the City of Neosho, Missouri.
FINAL PLAT
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented to the City Manager and/or designee
and the Planning and Zoning Commission for approval and which, if
approved by the City Council, will be submitted to the County Recorder
for recording.
LOT
A parcel or portion of land in a subdivision or plat of land,
separated from other parcels or portions by description as on a subdivision
or record of survey map or by metes and bounds, for the purpose of
sale or lease to, or separate use of, another.
LOT SPLIT
A division of a parcel of land into two (2) lots or parcels
for the purpose of transfer of ownership or building development,
or if a new street is involved, any division of a parcel of land;
provided that a division of land which may be ordered or approved
by a court or affected by testamentary or in testate provisions, or
a division of land for agricultural purposes into lots or parcels
of ten (10) acres or more and not involving a new street shall not
be deemed a subdivision. The term "subdivision" includes "resubdivision"
and, when appropriate to the context, relates to the process of subdividing
or to the land or territory subdivided.
OFFICIAL MAP
The map established by the City showing the streets, highways
and parks theretofore laid out, adopted and established by law and
any amendments thereto adopted by the City or additions thereto resulting
from the approval of subdivision plats by the Neosho City Council
and the subsequent filing of such approved plats.
OWNER
Any individual, firm, association, syndicate, co-partnership,
corporation, trust or any other legal entity having sufficient proprietary
interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the same under this Chapter.
PRELIMINARY PLAT
The preliminary map, drawing or chart indicating the proposed
layout of the subdivision to be submitted to the Planning and Zoning
Commission for its consideration.
STREETS AND ALLEYS
"Street" is a way for vehicular traffic,
whether designated as a street, highway, thoroughfare, parkway, throughway,
road, avenue, boulevard, lane, place or however otherwise designated.
1.
"Alley" is a minor way which is used primarily
for vehicular service access to the back or the side of properties
otherwise abutting on a street;
2.
"Cul-de-sac" or "Dead-end street" is a minor street with only one (1) outlet;
3.
"Width, street" is the shortest distance between
the lines delineating the right-of-way of a street.
SUBDIVIDER
Any individual, firm, association, syndicate, co-partnership,
corporation, trust or any other legal entity commencing proceedings
under this Chapter to effect a subdivision of land hereunder for himself/herself
or for another.
SUBDIVISION
The division of a parcel of land into three (3) or more lots
or parcels for the purpose of transfer of ownership or building development,
or if a new street is involved, any division of a parcel of land;
provided that a division of land which may be ordered or approved
by a court or affected by testamentary or in testate provisions, or
a division of land for agricultural purposes into lots or parcels
of ten (10) acres or more and not involving a new street shall not
be deemed a subdivision. The term "subdivision" includes "resubdivision" and, when appropriate to the context, relates
to the process of subdividing or to the land or territory subdivided.
The term shall include any division in an existing subdivision of
two (2) or more parcels into three (3) or more parcels for the purpose
of transfer of ownership or building development, whether the newly
created parcels are divided simultaneously or in stages.
[CC 1979 App. A §6; Ord. No. 827 §6, 10-17-1972; Ord. No. 137-2003 §1, 4-1-2003]
Except as provided in this Chapter, no person shall subdivide
any tract of land which is located within the City except in conformity
with the provisions of this Chapter.
[CC 1979 App. A §7; Ord. No. 827 §7, 10-17-1972; Ord. No. 137-2003 §1, 4-1-2003]
A. Recording Of Plat. No plat of any subdivision shall be entitled
to record in the County Recorder's office or have any validity until
it shall have been approved in the manner prescribed herein. In the
event any such unapproved plat is recorded, it shall be considered
invalid.
B. Sale Of Land In Subdivision. No owner or agent of the owner
of any land located within a subdivision shall transfer, sell, agree
to sell or negotiate to sell any land by reference to, exhibition
of, or by the use of a plan or plat of a subdivision before such plan
or plat has been approved and recorded in the manner prescribed herein.
The description of such lot or parcel by metes and bounds in the instrument
of transfer or other documents used in the process of selling or transferring
shall not exempt the transaction from the provisions of this Chapter.
C. Permits. The Building Inspector shall not issue building
or repair permits for any structure on a lot in a subdivision for
which a plat has not been approved and recorded in the manner prescribed
herein.
D. Public Improvements. The City hereby defines its policy
to be that the City will withhold all public improvements of whatsoever
nature, including the maintenance of streets and the furnishing of
sewerage facilities and water service, from all subdivisions which
have not been approved and from all areas dedicated to the public
which have not been accepted by the Council in the manner prescribed
herein.
E. Revision Of Plat After Approval. No changes, erasures, modifications
or revisions shall be made in any plat of a subdivision after approval
has been given by the Commission, and endorsed in writing on the plat,
unless the said plat is first resubmitted to the Planning and Zoning
Commission.
[CC 1979 App. A §8; Ord. No. 827 §8, 10-17-1972; Ord. No. 1030 §§1, 2, 4-17-1979; Ord. No. 18-2000 §1, 4-18-2000; Ord. No. 137-2003 §1, 4-1-2003]
A. Preliminary Plat.
1. Contents. The preliminary plat shall show, on a
map, all the facts needed to enable the City Manager or designee and
the City Planning and Zoning Commission to determine whether the proposed
layout of the land in a subdivision is satisfactory from the standpoint
of public interest.
2. Preparation. The preliminary plat shall be prepared
by a registered engineer or surveyor. The design of all streets, stormwater
retention, sewer and water shall be designed by a registered engineer
and plans shall contain a registered engineer's stamp.
3. Filing. Fifteen (15) days prior to the Planning
and Zoning Commission meeting at which consideration is desired the
subdivider shall file an application for preliminary approval with
the City Clerk and at least fifteen (15) copies of the preliminary
plat according to the standards and other provisions of these regulations.
4. Approval.
a. Time requirement. The City Manager or designee and
the City Planning and Zoning Commission shall act on the preliminary
plat within sixty (60) days after filing unless such time is extended
by agreement. If no action is taken by the City Manager or designee
and the City Planning and Zoning Commission within said sixty (60)
days after filing or such longer period as may have been agreed upon,
the preliminary plat as filed shall be deemed approved and it shall
be the duty of the Chairman of the Planning and Zoning Commission
to comply with (b)(1) below.
b. Notice of action taken. The Planning and Zoning
Commission shall determine whether the preliminary plat shall be approved,
approved with modifications or disapproved and shall give notice to
the subdivider in the following manner:
(1)
If approved, the Chairman of the Planning and Zoning Commission
shall affix his/her signature to the plat and attach thereto a notation
that it has received preliminary approval and return it to the subdivider
for compliance with final approval requirements.
(2)
If approved with modifications or disapproved, the Chairman
of the Planning and Zoning Commission shall attach to the plat a statement
of the reasons for such action and return it to the subdivider. In
any case, a notation of the action taken, and requisite reasons therefore,
shall be entered in the records of the Planning and Zoning Commission.
c. Effect of approval. Approval of the preliminary
plat by the Commission shall not constitute final acceptance of the
subdivision by the Council.
d. Right of subdivider after approval. Preliminary
approval shall confer upon the subdivider the right for a one (1)
year period from the date of approval that the general terms and conditions
under which the preliminary approval was granted will not be changed.
B. Final Plat.
1. Scope. The final plat will have incorporated all
changes or modifications required by the City Manager or designee
and the Planning and Zoning Commission, otherwise it shall conform
to the preliminary plat, and it may constitute only that portion of
the approved preliminary plat, which the subdivider proposes to record
and develop at the time, provided that such portion conforms with
all the requirements of this Chapter.
2. Preparation. The final plat shall be prepared by
a registered engineer or surveyor. The design of all streets, stormwater
retention, sewer and water shall be designed by a registered engineer
and plans shall contain a registered engineer's stamp.
3. Filing.
a. Required matter. After receiving notice of the action
of the City Manager or designee and the Planning and Zoning Commission
approving the preliminary plat, the subdivider shall proceed to file
with the City Council:
(1)
Nine (9) copies of the final plat;
(2)
A written application for final approval;
(3)
A statement by the City certifying that it is in receipt of, and approves of a map showing all streets, stormwater improvements and utilities in exact location and elevation, identifying those portions already installed and those to be installed and that the subdivider has complied with Subsection
(B) above.
b. Time limits. The final map shall be filed not later
than one hundred twenty (120) days after the date of approval of the
preliminary plat, otherwise it will be considered void unless an extension
is requested in writing by the subdivider and for good cause granted
by, the Council. The final plat shall be filed at least five (5) working
days prior to the meeting at which it is to be considered. The final
plat shall be considered officially filed after it is examined by
the Council and is found to be in full compliance with the formal
provisions of these regulations accepted by the Council and approval
by the Council certified thereon.
c. Recording. The subdivider shall record an original
and nine (9) copies of the final plat in the office of the County
Recorder of Newton County, Missouri, within thirty (30) days after
the date of approval, otherwise the final plat shall be considered
void.
C. Improvements. Prior to any construction taking place or a building permit being issued for construction within any subdivision in the City of Neosho, Missouri, or prior to a subdivider offering lots for sale to the public for the purpose of building homes or structures thereon, all improvements required by Section
410.090 shall have been constructed servicing the lot or lots to be sold or to be built upon.
[CC 1979 App. A §9; Ord. No. 827 §9, 10-17-1972; Ord. No. 97-15 §1, 5-6-1997; Ord. No. 137-2003 §1, 4-1-2003; Ord. No. 301-2007 §1, 8-7-2007]
A. Conformity With Master Plan And Official Map. The proposed
subdivision shall conform to the Master Plan and Official Map.
B. Streets.
1. Conformity. The arrangement, character, extent,
width, grade and location of all streets shall conform to the Official
Map and shall be considered in their relation to existing and planned
streets, to topographical conditions, to public convenience and safety,
and in their appropriate relation to the proposed uses of the land
to be served by such streets. Where not shown on the Official Map,
the arrangement and other design standards of streets shall conform
to the provisions found herein.
2. Relation to adjoining street system. The arrangement
of streets in new subdivisions shall make provision for the continuation
of the existing streets in adjoining areas.
3. Projection of streets. Where adjoining areas are
not subdivided, the arrangement of streets in new subdivision shall
make provision for the proper projection of streets.
4. Streets to be carried to property lines. In such
occasions when the developing subdivision adjoins unsubdivided property
which may be subsequently divided, all new streets shall either be
carried to the exact boundaries or in the alternative road/street
easements shall be granted to the City for purposes of future extension
of said road to the exact boundary of the adjoining property. It is
strictly prohibited to retain a portion of land between the property
boundary and the termination of the street which would result in the
inability to extend the road/street at a future date.
5. Street jogs prohibited. Street jogs with centerline
offsets of less than one hundred fifty (150) feet shall be avoided.
6. Dead-end street or cul-de-sac. Dead-end streets
or culs-de-sac, designed to be so permanently, shall not be longer
than seven hundred (700) feet and shall be provided at the closed
end with a turnaround having an outside street property line diameter
of at least one hundred (100) feet. If a dead-end street is of a temporary
nature, a similar turnaround shall be provided and provision made
for future extension of the street into adjoining properties.
7. Street widths. Street widths shall not be less than
fifty (50) feet. Surfaced portion shall be not less than twenty-six
(26) feet in width exclusive of curb and gutter. Streets shall be
constructed on a level plane with a standard center crown, unless
otherwised approved by the City under special conditions.
8. Intersections. The intersection of more than two
(2) streets at one (1) point shall be avoided except where it is impracticable
to secure a proper street system otherwise. Streets shall intersect
one another at an angle as near to a right angle as possible. Street
intersections shall be rounded with a radius of twenty (20) feet measured
at the back of curbs when the said intersection occurs at right angles.
If an intersection occurs at an angle other than a right angle, it
shall be rounded with a curve of a radius acceptable to the City Manager
or designee and the Planning and Zoning Commission.
9. Subdivision into tracts larger than ordinary building lots. Where a tract is subdivided into larger parcels than ordinary building
lots, such parcels shall be arranged so as to allow the opening of
future streets and logical further resubdivision.
10. Half-streets prohibited. Half-streets shall be prohibited,
except where essential to the reasonable development of the subdivision
in conformity with the other requirements of these regulations and
where the Commission finds it will be practicable to require the dedication
of the other half when the adjoining property is subdivided. Wherever
a half-street is adjacent to a tract to be subdivided, the other half
of the street shall be platted within such tract.
11. Street names and numbers. Names of new streets shall
not duplicate existing or platted street names unless a new street
is a continuation of or in alignment with the existing or platted
streets.
12. Access to streets across ditches. The subdivider
shall provide access to all proposed streets, across all ditches,
in a standard method approved by the City.
13. Vacation of streets. The Council shall not vacate
any street or part of a street dedicated for public use if such vacation
interferes with the uniformity of the existing street pattern or any
future street plans prepared for the area.
14. Flood retention basins. Flood retention basins are required to be constructed to comply with all provisions of the Neosho "Stormwater Runoff Management Regulations", Chapter
430 and Chapter
425, "Flood Damage Prevention". This basin must be designed by a registered, licensed engineer to meet the guidelines of said ordinance.
15. Private streets. Private streets shall not be approved
nor shall public improvements be approved for any private street.
16. Hardship to owners of adjoining property avoided. The street arrangements shall not be such as to cause hardship to
owners of adjoining property in platting their own land and providing
convenient access to it.
C. Easements.
1. Provided for utilities. Easements with a right-of-way
width of ten (10) feet shall be provided along the front of all lot
lines and along certain side or rear lot lines where necessary for
utilities.
2. Provided for drainage. Where a subdivision is traversed
by a watercourse, drainage way, channel or stream, there shall be
provided a stormwater easement or drainage right-of-way conforming
substantially with the lines of such watercourse and such further
width or construction, or both, as will be adequate for the purpose.
3. Flood retention. A flood retention basin easement must be identified for the required construction of a flood retention basin to comply with all provisions of the Neosho "Stormwater Runoff Management Regulations", Chapter
430 and Chapter
425, "Flood Damage Prevention". Adequate ingress and egress must be included.
D. Blocks — Factors Governing Dimensions. Block length
and width or acreage within bounding roads shall be such as to accommodate
the size of lot required in the area by the Zoning Code and to provide
for convenient access, circulation control and safety of street traffic.
E. Lots.
1. Dimensions. Lot dimensions and area shall not be
less than the requirements of the Zoning Code.
2. Location. All lots shall abut by their full frontage
on a publicly dedicated street or a street that has received the legal
status as such.
3. Lines. Side lot lines shall be substantially at
right angles to straight street lines or radial to curved street lines.
4. Corner lots. Corner lots for residential use shall
have extra width to permit appropriate building setback from and orientation
to both streets.
5. Uninhabitable lots. Lots subject to flooding and
lots deemed by the Planning and Zoning Commission to be uninhabitable
shall not be platted for residential occupancy nor for such other
uses as may increase danger to health, life or property or aggravate
the flood hazard, but such land within the plat shall be set aside
for such uses as shall not be endangered by periodic or occasional
inundation or shall not produce unsatisfactory living conditions.
6. Lot remnants. All remnants of lots below minimum
size left over after subdividing of a larger tract must be added to
adjacent lots, rather than allowed to remain as unusable parcels.
F. Sidewalks And Walking Trails.
1. Thickness. All sidewalks shall be a minimum of four
(4) inches thick. Sidewalks at driveway locations shall be thickened
to match the thickness of the driveway pavement.
2. Width. Sidewalks shall not be less than five (5)
feet in width.
[Ord. No. 369-2022, 12-20-2022]
3. Subgrade. Sidewalk subgrade material shall be free
of debris, organic material, plastic, clays and other material prone
to freeze-thaw damage. Subgrade material shall be compacted to MODOT
standards to prevent settling under the traffic of building materials
delivery vehicles.
4. Location. Sidewalks shall be located on one (1)
side of all public streets with the exception of collector and arterial
streets. There is to be one (1) foot of space between the outside
edge of the sidewalk and the right-of-way/property. Sidewalks shall
be required on both sides of all collector and arterial streets. A
sidewalk is not required on that portion of a public street whose
right-of-way directly abuts State highway or right-of-way.
5. Trails. In lieu of sidewalks located adjacent to
streets, Planning and Zoning Commission may approve sidewalks/trails
located in other areas within a proposed subdivision if considered
as part of an overall development plan which integrates the internal
site circulation with the public circulation system.
6. ADA. Sidewalks must conform to all current American
with Disabilities Act (ADA) standards.
7. Maintenance. The general cleaning/clearing of sidewalks
shall be maintained by the property owner if the internal sidewalks
are located on a single tract of land or by a duly approved property
owners' association if the internal sidewalks are located on two (2)
or more tracts of land.
[CC 1979 App. A §10; Ord. No. 827 §10, 10-17-1972; Ord. No. 1030 §3, 4-17-1979; Ord. No. 1168 §2, 1-18-1983; Ord. No. 1183 §1, 5-3-1983; Ord. No. 1227 §1, 7-3-1984; Ord.
No. 95-13 §1, 3-7-1995; Ord. No. 137-2003 §1, 4-1-2003]
A. Bond Required. Prior to the granting of final approval,
the subdivider shall have installed or shall have furnished adequate
bond for the ultimate installation of the following:
Monuments. Monuments shall be placed at all
block corners, angle points, points of curve in streets, and at intermediate
points as shall be required by the City Planner/Engineer or City Building
Inspector. The monuments shall be of such material, size and length
as may be approved by the City Planner/Engineer or City Building Inspector.
B. Time For Improvements. Prior to any lots being offered for
sale in a subdivision or prior to the construction of any residence
or structure in a subdivision, the subdivider shall have installed
the following to and servicing the lot to be built upon or sold:
1. Streets.
a. Surfacing. All streets shall be surfaced in accordance
with applicable standard specifications of the City. Such construction
shall be subject to inspection and approval by the City.
b. Curbs, gutters and drainage. Curbs, gutters, drainage
and drainage structures shall be provided in accordance with standard
specifications of the City. Such construction shall be subject to
the inspection and approval of the City.
c. Flood retention. A flood retention basin must be constructed to comply with all provisions of the Neosho "Stormwater Runoff Management Regulations", Chapter
430 and Chapter
425, "Flood Damage Prevention". Such construction shall be subject to the inspection and approval of the City.
2. Water supply.
Accessible public water supply. Where a public
water supply approved by the City is reasonably accessible, each lot
within the subdivision area shall be provided with a connection thereto;
the subdivider shall furnish and install the water main(s) required
for the service and shall pay the entire cost of such connection.
The entire cost of such installation and connection is to be paid
by the subdivider. The subdivider shall provide the necessary and
required fire hydrants and appurtenances. All connections shall be
subject to the approval of the City.
3. Sanitary sewer system.
Public sanitary sewer system. All new subdivisions
and each lot within the subdivided area shall be provided with a connection
to the City sanitary sewer system. All connections shall be subject
to the approval of the City.
C. The subdivider is required to comply with all provisions of the Neosho "Stormwater Runoff Management Regulations", Chapter
430 and Chapter
425, "Flood Damage Prevention".
[CC 1979 App. A §11; Ord. No. 827 §11, 10-17-1972; Ord. No. 137-2003 §1, 4-1-2003]
A. Form. The preliminary plat shall be clearly and legibly
drawn. The size of the map shall not be less than twelve (12) inches
by eighteen (18) inches. The map of a subdivision containing five
(5) acres or less shall be drawn at a scale of one (1) inch equals
fifty (50) feet. All other subdivisions shall be drawn at a scale
of one (1) inch equals one hundred (100) feet, unless otherwise required
by the Commission.
B. Map Contents. The preliminary plat shall contain the following
information:
1. Description.
a. Proposed name of the subdivision. The name shall
not duplicate, be the same in spelling or alike in pronunciation with
any other recorded subdivision.
b. Names of adjacent subdivisions and owners of adjoining parcels of
unsubdivided land.
c. Width of subdivider's property, if any, remaining outside the subdivision
perimeter.
d. Names and addresses of the subdivider, owner and engineer.
e. Location by section, town, range, township, County, State.
f. Names of streets within the adjoining plat.
2. Existing conditions.
a. Boundaries of the subdivision indicated by a heavy line and the approximate
acreage.
b. Location, widths and names of existing or platted streets, railroad
rights-of-way, easements, parks, permanent buildings, section and
corporation lines.
c. Zoning districts, if any.
d. Drainage channels, wooded areas, power transmission poles and lines,
and any other significant items should be shown.
3. Drafting of plat. Date of preparation, scale of
map, north point.
4. Proposals. Location and principal dimensions for
all proposed streets, alleys, easements, lot lines, and areas to be
reserved for public use.
C. Other Information.
1. Statement of the proposed use of lots stating type of residential
buildings with number of proposed dwelling units type of business
or industry, so as to reveal the effect of the development on traffic,
fire hazards or congestion of population.
2. Proposed covenants and restrictions.
4. Provisions for sewage disposal, drainage and flood control.
5. If any zoning changes are contemplated, the proposed zoning plan
for the areas, including dimensions.
[CC 1979 App. A §12; Ord. No. 827 §12, 10-17-1972; Ord. No. 137-2003 §1, 4-1-2003]
A. Form. The final plat shall be clearly and legibly drawn
in India ink on tracing cloth. The size of the map shall not be less
than twelve (12) inches by eighteen (18) inches. The map of a subdivision
containing five (5) acres or less shall be drawn at a scale of one
(1) inch equals fifty (50) feet. All other subdivisions shall be drawn
at a scale of one (1) inch equals one hundred (100) feet, unless otherwise
required by the Commission.
B. Map Contents.
1. Description.
a. Name of the subdivision. The name shall not duplicate, be the same
in spelling or alike in pronunciation with any other recorded subdivision.
b. Names of adjacent subdivisions and owners of adjoining parcels of
unsubdivided land.
c. Width of subdivider's property, if any, remaining outside the subdivision
perimeter.
d. Names and addresses of the subdivider, owner and engineer.
e. Location by section, block, range, township, County, State, United
States survey or part thereof it purports to represent.
f. Names of streets within the adjoining plat.
2. Existing conditions.
b. Bearings and distances to the nearest established street lines, section
corners or other recognized permanent monuments which shall be accurately
described on the plat.
c. Municipal, township, County or section lines accurately tied to the
lines of the subdivision by distance and bearings.
d. Accurate location of all monuments.
3. Survey data.
a. Length of all arcs, radii, internal angles, points of curvature and
tangent bearings.
b. When lots are located on a curve or when side lot lines are at angles
other than ninety degrees Fahrenheit (90°F), the width at the
building line shall be shown.
c. A digital copy of the plat must be submitted to the City Planner
in a *.dwg, *.dxf or *.dgn format.
4. Drafting of plat. Date of preparation, scale of
map, north points.
5. Proposals.
a. All easements for right-of-way provided for public services or utilities
and any limitations of such easements.
b. All lot numbers and lines, with accurate dimensions in feet and hundredths,
and with bearings or angles to street and alley or crosswalk-way lines.
c. Accurate outlines of any areas to be dedicated or temporarily reserved
for public use with the purpose indicated thereon.
d. Building setback lines with dimensions.
e. Flood retention plan, including areas of floodway and flood retention
basins as designed by engineer.
f. An acknowledgment by the owner that all stormwater detention basins
shall be constructed, maintained, and repaired by the owner pursuant
to a recorded Private Stormwater Management Maintenance Agreement.
[Ord. No. 336-2022, 9-20-2022]
C. Other Information.
1. Protective covenants shall be shown on the plat.
3. Certification shall be furnished from the City Collector that all
taxes and assessments have been paid on the land within the proposed
subdivision.
4. If a zoning change is involved, certification from the Zoning Commission
shall be furnished indicating that the change requested has been approved
and is in effect.
5. Certification by a registered civil engineer or surveyor to the effect
that the plat represents a survey made by him/her and that all monuments
shown thereon actually exist and that their location is correctly
shown.
6. An acknowledgment by the owner or owners of his/her or their adoption
of the plat and of the dedication of streets and other public areas.
7. An executed Private Stormwater Management Maintenance Agreement.
[Ord. No. 336-2022, 9-20-2022]
[Ord. No. 392-2009 §2, 5-5-2009]
A. Application Procedure. Request for a minor subdivision approval
shall be made by the owner of the land. Seven (7) copies of a scale
drawing and legal description of the lots involved; the location of
any structure(s) thereon together with their precise nature, location
and dimensions; name, signature and seal of registered land surveyor
or engineer who prepared the plat; and the appropriate fee shall accompany
the application. If deemed necessary by the Administrative Officer,
other supplementary information may be requested.
B. Approval Guidelines. Approval of the minor subdivision may
be given based on all of the following criteria:
1. All easement requirements have been satisfied.
2. Such division will not result in a tract without direct access to
a public street.
3. No substandard-sized lot or parcel will be created.
4. The lot has not previously been split in accordance with these regulations.
[CC 1979 App. A §12; Ord. No. 827 §13, 10-17-1972; Ord. No. 137-2003 §1, 4-1-2003]
Any person violating the provisions of this Chapter shall be
deemed guilty of a misdemeanor and punished by fine of not more than
one hundred dollars ($100.00) or confinement in the City Jail for
not more than thirty (30) days, or by both such fine and imprisonment.