Cross References — As to buildings generally, ch. 500; as to mosquito control, ch. 240; as to housing, ch. 515; as to land development standards for manufactured homes, §§405.120 et seq.; as to parks and recreation, ch. 235; as to planning and zoning, ch. 400; as to plumbing, ch. 525; as to streets and sidewalks, ch. 510; as to swimming pools, §§500.180 — 500.210; as to utilities, Title VII.
[R.O. 2007 App. B §1-1; Ord. No. 4084 §1, 6-3-1974]
The following words or phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
- A minor way, dedicated to public use, when it is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
- A piece or parcel of land surrounded by public highways, streets, streams, railroad rights-of-way or parks, etc., or a combination thereof.
- The City Planning and Zoning Commission of the City of Poplar Bluff, Missouri.
- The City Council of the City of Poplar Bluff, Missouri.
- A street having one (1) end open to traffic and being permanently terminated by a vehicle turnaround.
- A grant by the property owner to the public, a corporation or persons of the use of a strip of land for specific purposes.
- Street pavements with curbs, sanitary and storm sewers, permanent street monuments, water mains and other appropriate items.
- A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development.
- PLAT, FINAL
- A complete and exact subdivision plat, prepared for official recording as required by Statute, to define property rights and proposed streets and other improvements.
- PLAT, PRELIMINARY
- 1. A preliminary plat for a major subdivision shall be a plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision.
- 2. A preliminary plat for a minor subdivision shall meet the requirements of Section 410.050.
- The land opened, reserved or dedicated for a street, walk, drainage or other public purpose.
- A strip of land, including the entire right-of-way, intended primarily as a means of vehicular and pedestrian travel which may also be used to provide space for sewers, public utilities, trees and sidewalks.
- STREET, ARTERIAL
- A street or road of considerable continuity which serves or is intended to serve as the principal trafficway between separated areas or districts and which is the main means of access to the primary street system or expressways.
- STREET, COLLECTOR
- Streets which, in addition to serving abutting properties, intercept minor streets, connect with community facilities and carry neighborhood traffic to the major arterial street system.
- STREET, LOCAL
- Streets used primarily to provide access to abutting properties.
- STREET, MARGINAL ACCESS
- A minor street which is generally parallel to and adjacent to major highways or railroad rights-of-way and which provides access to abutting properties and protection from through traffic.
- The registered owner or the authorized agent of the owner of a subdivision.
- A division of a lot, tract or parcel of land into two (2) or more lots for the purpose of transfer of ownership or development, whether immediate or future, including all changes in street or lot lines; provided however, that where no new streets or easement of access is involved, the following shall not be included within this definition:
- 1. The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the original lot areas are not decreased.
- 2. The divisions of land into parcels of five (5) acres or more.
- 3. The subdivision or resubdivision of land where public sewers are available and the resultant lots comply with the requirements of the zoning ordinance.
- SUBDIVISION, MAJOR
- Any subdivision not classified as a minor subdivision.
- SUBDIVISION, MINOR
- Any subdivision fronting on an existing street and not involving any new street or road.
[R.O. 2007 App. B §1-2; Ord. No. 4084 §1, 6-3-1974]
Any plat, hereafter made, for each subdivision or each part thereof lying within the City limits of Poplar Bluff, Missouri, shall be prepared, presented for approval and recorded as herein prescribed. The regulations contained herein shall apply to the subdivision of a lot, tract or parcel of land into two (2) or more lots, tracts or parcels for the purpose of sale or of building development whether immediate or future, including the resubdivision or replatting of land or lots; provided however, that where no new streets or easement of access is involved, the following divisions of land shall be exempt from these regulations
The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the original lot areas are not decreased.
The divisions of land into parcels of five (5) acres or more.
The subdivision or resubdivision of land where public sewers are available and the resultant lots comply with the requirements of the zoning ordinance.
[R.O. 2007 App. B §1-3; Ord. No. 4084 §1, 6-3-1974]
Each subdivider of a minor subdivision shall transmit three (3) prints of a preliminary plat to the City Planner. The City Planner shall transmit one (1) copy of the plat to the Planning and Zoning Commission for their review.
Each subdivider of a major subdivision shall transmit three (3) prints of a preliminary plat to the City Planner as further described in Section 410.050. The City Planner shall transmit one (1) copy of the plat to the Planning and Zoning Commission for its review.
Such preliminary plats will be considered as submitted for discussion between the subdivider and the Planning and Zoning Commission. Submission of a subdivision preliminary plat shall not constitute formal filing of a plat with the City. As far as may be practical on the basis of a preliminary plat, the Commission will advise the subdivider as promptly as possible of the extent to which the proposed subdivision conforms to the design standards required by City ordinance and will discuss possible modifications necessary to secure conformance.
[R.O. 2007 App. B §1-4; Ord. No. 4084 §1, 6-3-1974]
Application. Each subdivider of all subdivisions shall submit to the Commission two (2) reproducible drawings and three (3) prints of the proposed subdivisions. Final plats shall have the scale of at least one (1) inch equals one hundred (100) feet.
Fees — Filing And Inspection. The final plats submitted to the Commission shall be accompanied by a flat fee of one hundred fifty dollars ($150.00).
Review. The Secretary of the Planning and Zoning Commission upon receipt of final plats shall transmit the two (2) reproducible drawings and one (1) print to the City Planner, one (1) print to the Planning and Zoning Commission and one (1) print to the Building Inspector.
Required Improvements Or Guarantee Prior To Final Approval. Prior to approval of the final plat by the Planning and Zoning Commission, the subdivider shall agree in writing, in a form provided by the City Attorney, that he/she will install the minimum improvements required in Section 410.080 and that he/she understands that no building permits will be issued by the City until the required improvements are available to each lot for which a building permit is requested or until satisfactory surety in the form of a bond, cash or securities is furnished by the subdivider or his/her contractor guaranteeing the installation of the improvements to any lot for which a building permit is requested. No such surety shall be accepted unless it is enforceable by or payable to the City in a sum at least equal to the cost of constructing the improvements as estimated by the City Planner and in the form with surety and conditions approved by the City Attorney.
Within forty-five (45) days of filing of the complete information required for approval of the final plat, the Commission shall hold a public hearing on said plat. The Commission shall approve or disapprove the plat and indicate its approval by signing the plat or its disapproval by stating its reason in writing to the subdivider.
Upon approval, the Commission shall submit the final plat to the Council for its action. The Council may alter any submitted final plat, may specify changes or modifications therein which it deems necessary and may make its approval subject to such alterations. The action of the Council shall be by ordinance, which ordinance shall include approval of the final plat for recording.
Upon approval by the Council, by ordinance duly passed and signed by the Mayor, such approval shall be endorsed on one (1) drawing or tracing cloth and on two (2) black and white linen prints of the plat under the hand of the City Clerk and the Seal of the City.
Filing. Following the passage of the ordinance, the three (3) drawings of the final plat thereof shall be filed by the City Clerk, within a reasonable time after the effective date of the ordinance approving the plat, with the Recorder of Deeds and two (2) of these tracings shall be returned to the City Clerk of which one (1) tracing shall be transmitted to the City Planner within a reasonable time. The subdivider shall bear all expense in connection with the filing of the final plat and the City Clerk shall not be required to file plat until the subdivider shall provide the expense of filing thereof. Three (3) copies of the agreement in writing required under Section 410.040(D), shall be filed with the Recorder of Deeds at the time of filing final plat referred to herein and two (2) copies of this agreement in writing shall be returned to the City Clerk of which one (1) copy of the agreement in writing shall be transmitted to the City Planner within a reasonable time. The subdivider shall bear all expense in connection with filing of the agreement in writing and the City Clerk shall not be required to file the agreement in writing until the subdivider shall provide the expense of filing thereof.
[R.O. 2007 App. B §1-5; Ord. No. 4084 §1, 6-3-1974]
Data furnished in a preliminary plat for a major subdivision shall be at the discretion of the subdivider. For fullest usefulness, the subdivision preliminary plat should include the following information:
Vicinity map showing the subdivision relationship to surrounding areas and especially street connections.
Significant topographical map of physical features.
Proposed general street layout.
Proposed general lot layout.
Location by section, township, range, County and State.
[R.O. 2007 App. B §1-6; Ord. No. 4084 §1, 6-3-1974]
The final plat shall show the following:
All streets and alleys shall be cross-hatched on plat.
Names of streets within proposed subdivision.
The location of survey monuments.
Sufficient data to determine readily the location, bearing and length of every street, lot and boundary line and to reproduce such lines on the ground.
Deed restrictions, if any.
Location by section, township, range, County and State and including descriptive boundaries of the subdivision.
Statement dedicating all easements.
Statement dedicating all streets, alleys and other public areas not previously dedicated.
A notarized affidavit that the applicant is the recorded owner of the land and that he/she approved of the plat.
Place for signature of the Director of Public Works and date of approval.
Certification by a registered engineer or surveyor that details of the plat are correct.
Certificate of approval with place for endorsement by the City Clerk and showing the ordinance number and date of approval of the Council.
The location of all water mains and fire hydrants, the location of all sewer mains, manholes, the location of all gas mains and the location of all electric power lines and poles.
The following supplementary information may be required on a separate sheet or sheets when requested by the Commission:
Information covering existing and proposed streets and utilities in or adjacent to the proposed subdivision.
Sites for multiple-family dwellings, shopping centers, churches, industry or other non-public uses exclusive of single-family detached dwellings.
Contours at an interval to be determined by the Commission.
Significant features including watercourses, marshes, rock outcrops and houses or barns.
Stormwater management plan.
[R.O. 2007 App. B §1-7; Ord. No. 4084 §1, 6-3-1974; Ord. No. 4194 §1, 6-7-1976; Ord. No. 4211 §1, 10-4-1976; Ord. No. 4319 §1, 5-1-1978]
Relation To Adjoining Street System. The arrangement of streets in new subdivisions shall make provisions for the continuation of the principal existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided) insofar as they may be deemed necessary by the Commission for public requirements. Off-set streets should be avoided. The angle of intersection between minor streets and major streets should not vary by more than ten degrees (10°) from a right angle. Streets obviously in alignment with existing streets shall bear the names of the existing streets. All proposed street names shall be checked against duplication of other street names. The widths and locations of major streets shall conform to the widths and locations designated on the Comprehensive Plan.
Specifications. See Exhibit A.
Character Of Development. The Commission shall confer with the subdivider regarding the type and character of development that will be permitted in the subdivision and may agree with the subdivider as to certain minimum restrictions to be placed upon the property. Such regulations shall be intended to protect the character and development of the platted subdivision as well as that of the surrounding development.
Where the subdivision contains sewers, sewage treatment plants, water supply systems, park areas, street trees or other physical facilities necessary or desirable for the welfare of the area and which are of common use or benefit and are not or cannot be satisfactorily maintained by an existing public agency, provision shall be made by trust agreement, made a part of the deed restrictions acceptable to any agency having jurisdiction over the location and improvement of such facilities, for the proper and continuous maintenance and supervision of such facilities.
Dedication For Public Lands. All proposed subdivisions may be required to dedicate a reasonable area for public use as a park, recreation area, school or other public purpose sites. Such area so dedicated shall be in addition to all dedications for streets and thoroughfares. In determining the area to be so dedicated for public use, the Commission shall give due consideration to present and anticipated population density within such subdivision and to the present and future requirements for such public needs. Such area so dedicated for the aforesaid purposes shall not be less than five percent (5%) and shall not be more than ten percent (10%) of the total land area within the subdivision.
Acquisition Of Land For Public Use. In addition to any areas so dedicated according to the provisions of Subsection (D) above, where a tract of land being subdivided includes lands proposed to be used for parks, schools or other public purposes under the duly adopted Comprehensive Plan of the City and environs, the subdivider shall not plat such lands as a part of the subdivision's plat and shall confer with the appropriate public agency regarding the time, method and amount of payment for the agency to acquire the land. If no agreement has been reached upon the acquisition of the area within two (2) years of the date of submission of the final plan, the subdivider may then plat the balance of the area.
Easements Along Streams. Whenever any stream or important surface drainage course is located in an area which is being subdivided, the subdivider shall provide an adequate easement along each side of the stream for the purpose of widening, deepening, sloping, improving or protecting the stream or drainage course.
Corner Lots. Corner lots shall have an extra width to permit appropriate building setback from both streets or orientation to both streets. Lots abutting a pedestrian mid-block crosswalk shall be treated as corner lots.
Uninhabitable Area. Lands subject to flooding or otherwise deemed by the Planning and Zoning Commission to be uninhabitable shall not be platted for residential purposes or for uses that may in the judgment of the Planning and Zoning Commission increase the danger of health, life or property or increase the flood hazard. Such land within a subdivision shall be set aside for other uses, such as parks or other open space.
Back-Up Lots. Lots shall back into such features as freeways, arterial streets, shopping centers or industrial properties, except where there is a marginal access street, unless a secondary access is provided. Such lots shall contain a landscaped easement along the rear at least twenty (20) feet wide in addition to the utility easement to restrict access to the arterial street, to minimize noise and to protect outdoor living areas. Lots extending through a block and having frontage on two (2) local streets shall be prohibited.
Lot Frontage. All lots shall front upon a publicly dedicated street. Variances may be permitted for approved large scale residential developments.
Planting Strips. Planting strips may be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screens shall be a minimum of twenty (20) feet wide and shall not be a part of the normal roadway right-of-way or utility easement.
Easements. Utility easements shall be of sufficient width to have at least a ten (10) foot interval between water and sewer lines. Where practicable, utility lines shall be placed in alleys or easements for same. The subdivider shall properly clear the easement area of tree stumps, roots and rocks and any other obstructions to the placing of utilities.
[R.O. 2007 App. B §1-8; Ord. No. 4084 §1, 6-3-1974; Ord. No. 4263 §1, 7-5-1977; Ord. No. 4439 §2, 11-5-1979; Ord. No. 6065 §1, 4-20-1998]
Permanent Markers. All subdivision boundary corners and the four (4) corners of all street intersections shall be marked with permanent monuments. A permanent monument shall be deemed to be concrete with a minimum dimension of four (4) inches extending below the frost line or steel pipe of at least one (1) inch diameter firmly imbedded in concrete which extends below the frost line. Should conditions prohibit the placing of monuments on the line, off-set marking will be permitted; provided however, that exact off-set courses and distances are shown on the subdivision plat.
A permanent bench mark shall be accessibly placed and accurately noted on the subdivision plat, the elevation of such bench mark to be based on the U.S.G.S. data.
Street Improvements. All streets and public ways shall be graded to their full width, including side slopes, and to the appropriate grade and shall be surfaced with concrete or bituminous material as approved by the Governing Body. Such construction shall be subject to inspection and approval by the City Engineer or other designated official.
Sidewalks. Within one (1) year of recording of the final subdivision plat, concrete sidewalks shall be constructed along at least one (1) side on every minor street shown on the plat in accordance with applicable standard specifications and concrete sidewalks shall be constructed along both sides of all major streets. If sidewalks are not constructed within one (1) year of recording of the final plat, the subdivider shall submit to the City the cost of construction of such sidewalks in an amount estimated by the subdivider's engineer and approved by the City planner or Building Inspector as necessary to complete such work in cash or a cashier's check to be deposited in a non-interest bearing account. If no sidewalks are constructed within three (3) years after the recording of the final plat, the subdivider shall forfeit all sums heretofore submitted to the City. Notwithstanding any other provisions of this Section, a waiver from the sidewalk requirement may be granted, by City Council with recommendation from the Planning and Zoning Commission, if one (1) of the following cases are found applicable:
The property is platted in lots having an area of twenty thousand (20,000) square feet or more and a width of one hundred (100) feet or more;
The street is edged by a shoulder and ditch rather than a curb and gutter;
No sidewalks exist on adjoining properties or in the neighboring area;
The City plans to construct public improvements in the area which would result in damage or destruction of the proposed sidewalk; or
The cost to construct the proposed sidewalk would be significantly greater than the average cost of sidewalk construction.
Water Lines. Each subdivision shall be connected with the water system of the utility company in accordance with all State and municipal requirements so as to provide water service to every lot within the subdivision. The layout of the water system, the size of pipes and mains to be used in the various parts of water systems and all other details regarding the water system shall be determined by the manager of the Utilities Department. Cost for all materials used in the construction of water lines from the City mains to the subdivision and inside the subdivision shall be paid for by the subdivider and the subdivider shall receive no refund of any kind whatsoever. Provided however, the City shall pay for fire hydrants and the added cost on water mains in size above six (6) inches in diameter.
The subdivider shall construct a sanitary sewer system and provide lateral connections for each lot where a public sanitary sewer main is available at the plat boundary or within a reasonable distance thereto.
Where a sewer is not yet available but is planned for extension to the subdivision, the subdivider shall install sewer lines, including lateral connections, as may be necessary to provide adequate service to each lot when connection with the sewer system is made. The sewer lines shall be suitably capped at the limits of the subdivision and the laterals shall be suitably capped at the street right-of-way line.
When capped sewers are provided, on-site disposal facilities shall also be provided. A sewer shall be considered to be planned for extension to a given area any time after engineering and related studies have been completed and the construction of facilities adequate to serve the area containing the subdivision has been programmed for completion within a reasonable time.
If a public sanitary system is not available under the conditions stated above, the subdivision or area may be considered as one (1) where it is necessary to construct a community disposal system or individual septic tanks. Such systems must receive approval by the Health Department and the City Council.
If, in the opinion of the Health Department or the City Engineer or other designated official, factors exist which would create a public health and sanitation problem if a certain area is platted, the Commission will not approve the subdivision and platting of such area until such factors are corrected by an adequate sewer system or other method acceptable to the Health Department and City Engineer or other designated official.
Storm Sewers And Drainage.
Storm sewers. Where a storm drainage system is reasonably accessible, the subdivider shall connect with such storm drainage system and shall do all grading and provide all drainage structures that are necessary to properly carry the water to the storm drainage system. Where a storm drainage system is not accessible, the subdivider shall do all grading and provide all drainage installations and structures that are necessary to properly carry the water to locations which are acceptable to the City Engineer or other designated official. Surface water will not be permitted to cross the pavement at low spots. Inlets with connection pipe will be required to carry the surface water from one side to the other.
Storm water drainage.
Wherever possible, existing drainage channels shall be used. A drainage easement, in addition to the provided right-of-way width, may be required where streets parallel streams or drainage areas. Such easement widths shall be determined by the City Engineer or other designated official. The design of the drainage system shall consider and show:
Storm drainage area of which the subdivision is a part.
Calculations as to volume and frequency of water to be handled.
A scheme of culverts sufficient in size to eliminate flooding or uncontrolled ponding of water.
Retention and/or detention basins to control excessive runoff.
The City Engineer or other designated official shall evaluate each development proposal as to its impact on flooding and uncontrolled ponding of water on the subdivision site and all potentially effected surrounding areas.
The size, design and type of construction shall be approved by the City Engineer or other designated official.
Storm sewers shall meet the following minimum standards for inside dimensions of sewer tile and maximum line lengths.
Cleanout boxes must be installed according to the maximum length requirements. The minimum inside dimension of a cleanout box shall be three (3) feet by three (3) feet.
Where ditches are utilized for storm drainage, they shall meet the following minimum standards:
Sod or seed with jute mesh at the discretion of the City Engineer or other designated official on the bottoms and banks of ditches with mean velocities up to five (5) feet per second for depths of flow of six (6) inches or more.
Rip-rap or other approved ditch lining on ditches with mean velocities greater than five (5) feet per second for a depth of flow of six (6) inches or more.
Culverts at all street or driveway intersections sized to eliminate or prevent flooding or uncontrolled ponding of water.
The developer or subdivider shall purchase and construct all storm water control improvements necessary to protect property in the watershed from further or future water problems that are attributable to a proposed subdivision. The location and installation of such improvements shall be subject to the approval of the City Planner and the General Manager of the Municipal Utilities — City Cable Department.
Plans. Construction and grading plans for the improvements to be installed shall be furnished if requested by the City Planner in accordance with the recommendations or specifications of the Commission and shall receive approval of the City Planner, the City Street Department Superintendent and the General Manager of the Municipal Utilities — City Cable Department before grading is started or improvements are installed. The following provisions must be included in construction plans:
Site plan and topographic drawings in compliance with City requirements.
The profile of each proposed street and locations and sizes of utility mains.
The cross section of each proposed street and locations and sizes of utility mains.
The plans and profiles of proposed sanitary sewers and storm water sewers with grades and sizes indicated.
The plan and profile of the proposed water distribution system showing pipe sizes and the location of valves and fire hydrants.
Alteration of topography. All open cuts of ground shall be returned to at least the original condition. Sod shall be provided for any open cut subject to excessive erosion. Sod shall be laid out in strips at intervals and at right angles to the flow of water in order to prevent erosion. The removal and hauling away of topsoil and washing or hauling away of gravel shall not be permitted without the approval of the Commission.
Inspection. Prior to starting any of the work covered by the plans approved as above, arrangements shall be made to provide for inspection of the work sufficient, in the opinion of the City Planner or other designated official and the General Manager of the Municipal Utilities — City Cable Department, to insure compliance with the plans and specifications as approved and written approval shall be obtained from the City Planner or designated official and the General Manager of the Municipal Utilities — City Cable Department to start the work.
Location of improvements. Nothing herein shall be taken to mean that a developer or subdivider shall be required to construct improvements beyond the boundaries of the development.
Alleys. If there are alleys, they shall be graded and paved to their maximum usable width to a grade approved by the City Engineer or other designated official.
Street Signs. Four-way street markers shall be installed at each street intersection by the City of Poplar Bluff. The material costs to be paid for by the subdivider.
Sidewalks. Sidewalks in street rights-of-way shall be constructed so that their inner edge shall approximate as near as possible to the private property line.
[R.O. 2007 App. B §1-9; Ord. No. 4084 §1, 6-3-1974]
An agreement signed by the subdivider or his/her contractor guaranteeing the minimum improvements against defects in workmanship and materials for a period of one (1) year from the date of acceptance of such improvements shall be filed with the Commission prior to the acceptance of the improvements by the City.
[R.O. 2007 App. B §1-10; Ord. No. 4084 §1, 6-3-1974]
All improvements required under the provisions of the land subdivision regulations shall be constructed in accordance with the design standards and plan requirements of the land subdivision regulations, the standards and specifications of the City and, where applicable, the requirements and authorization of the appropriate State agency or utility company.
[R.O. 2007 App. B §1-11; Ord. No. 4084 §1, 6-3-1974]
A certificate of a registered professional engineer employed by the subdivider shall be filed with the City Planner certifying that the required improvements were inspected during actual by such registered professional engineer or some competent person acting under his/her direction and that such improvements have been constructed in accordance with the aforesaid plans and specifications. In the event the engineer employed by the subdivider is discharged before completion of the required improvements, an amendment to the existing bond naming the new registered professional engineer shall be filed with the City and approved before proceeding any further with the construction of the required improvements.
[R.O. 2007 App. B §1-12; Ord. No. 4084 §1, 6-3-1974]
The City shall not have any responsibility with respect to any street or other improvements, notwithstanding the use of the same by the public, unless the street or other improvements shall have been accepted by the City.
The City shall, within thirty (30) days after the public improvements have been offered for dedication to the City, accept the improvements, provided the improvements have been constructed in accordance with the requirements and conditions of this Chapter and the specifications of the City.
[R.O. 2007 App. B §1-13; Ord. No. 4084 §1, 6-3-1974]
The subdivider has the right of appeal to the Board of Adjustment if any mandatory provisions of this Chapter are claimed by the subdivider to be unreasonable and cause undue hardship as they apply to his/her proposed subdivision. The Board's decision shall be made in order that substantial justice be done and the public interest secured and provided that such variation will not have the effect of nullifying the intent and purpose of this Chapter.
In granting variances and modifications, the Board of Adjustment may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
[R.O. 2007 App. B §1-14; Ord. No. 4084 §1, 6-3-1974]
Whenever the tract to be subdivided is of such unusual size, shape or topography or is surrounded by such development or unusual conditions that the strict application of the requirements contained in this Chapter would result in real difficulties or substantial hardship or injustice, the Board of Adjustment, after report by the Commission, may vary or modify such requirements so that the subdivider may develop his/her property in a reasonable manner, but so that at the same time the public welfare and interests of the City and surrounding area are protected and the general intent and spirit of this Chapter preserved.
[R.O. 2007 App. B §1-15; Ord. No. 4084 §1, 6-3-1974]
No person will be issued a building permit for any lot within the City before the plat thereof is made out, acknowledged and recorded as outlined in the Chapter.
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 Council or Planning and Zoning Commission and recorded in the office of the appropriate County Recorder unless the owner or agent shall disclose in writing that such plat has not been approved by such Council or Planning and Zoning Commission and the sale is contingent upon the approval of such plat by such Council or Planning and Zoning 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.