[Ord. No. 728 §1, 11-17-1970]
A. 
Purpose. The purpose of these Regulations is to control the development of land within the planning jurisdiction of the City of Albany. "Development of land" means the extension or opening of streets (public or private), the extension or provision of utilities, the subdividing of land into lots and blocks, and the parceling of land for non-agricultural purposes resulting in the need for street access and public utilities.
B. 
Intent. These Regulations are designed to promote the health, safety, and general welfare of the citizens, to insure the development of the City and its environs in accordance with the plan or plans in effect, and to provide for an adequate street system for convenient and safe movement of traffic. These Regulations will assist in safeguarding owners, lessees, and tenants as to the proper location of property lines, building lines and easements.
C. 
Jurisdiction. These Regulations apply within the area planning jurisdiction as indicated on the Planning Area Map which planning area boundaries have been filed with the City Clerk and County Recorder.
[Ord. No. 728 §2, 11-17-1970]
Certain words in these Regulations are defined for the purpose hereof as follows:
ALLEY
A minor public way used primarily for vehicular service access to the rear of property abutting a street.
BUILDING LINE
A line parallel to the property line where the land between these two (2) lines is open and unobstructed by improvements.
CITY
Albany, Missouri.
EASEMENT
A grant by the property owner of the use by the public, a corporation, or person(s), of a strip of land for specified purposes.
LOT
A portion of the subdivisions, or any other parcel of land, intended as a unit of transfer of ownership or for development.
PLAT
A map containing information necessary to transfer, to locate, and to survey property indicated thereon.
STREET
A major public way intended for vehicular traffic and providing the principal means of access to the abutting property.
SUBDIVIDER
Any person, individual, firm, partnership, association, corporation, estate, or trust, or any other group or combination acting as a unit who may desire to develop land within the purpose and intent of these Regulations.
SUBDIVISION
Any division of land intended as a unit of transfer or for development within the purpose and intent of these Regulations.
[Ord. No. 728 §3, 11-17-1970]
A. 
Procedural Requirements. Whenever a subdivider intends to develop land within the meaning of these Regulations and before he prepares a plat, he shall appear before the City Planning Commission to discuss his intent to develop and to discuss the type of development anticipated. At this time the City Planning Commission shall advise the developer of the content of these Regulations governing development of land and other plans of the City then in effect.
B. 
Plat Requirements. Before the City Planning Commission shall approve a plat for record, the subdivider shall show the following information on his plat or plats:
1. 
Name of subdivision.
2. 
Boundary of subdivision with description of enclosed property.
3. 
Name and address of owner(s).
4. 
Acreage in subdivision tract.
5. 
Date, map scale, and north arrow.
6. 
Dimensions of street rights of way, block, parcel, and lot lines, and subtended angles.
7. 
Bearings of all lines not parallel or perpendicular to lines of known bearing. Interior angels of lots may be shown in lieu of bearings. All bearings shall be referred to true North.
8. 
Location of monuments.
9. 
Location of building lines.
10. 
Legal description, lot and block.
11. 
Certification of registered land surveyor.
12. 
Dedication of streets, alleys, and easements for public use.
13. 
Approval of the City Planning Commission.
C. 
Scale. Plats shall be prepared on sheets no larger than 24 x 36 inches and no smaller than 12 x 18 inches at a scale of not more than one (1) inch equals two hundred (200) feet on linen or other suitable drafting medium. When more than one (1) sheet is needed, an index or a key sheet shall be provided.
D. 
Monuments. Steel rods three-fourths (¾) inches in diameter and thirty-six (36) inches long shall be placed with top flush to the ground at all points of boundary intersection of the subdivision and at diagonal corners of all intersecting streets. The location of all monuments shall be indicated on the plat filed for record. Steel rods one-fourth (¼) inches in diameter will be placed at all lot corners, flush to the ground.
[Ord. No. 728 §4, 11-17-1970]
A. 
Conformance with Official Plans.
1. 
The subdivision plat shall conform to all official plans currently in effect.
2. 
For a period of twelve (12) months after the subdivider indicates his intent to subdivide, the City Planning Commission may require the subdivider to reserve sites for public use indicated on an officially adopted plan to permit the public board, commission or body having jurisdiction or financial responsibility the opportunity to acquire said sites either through purchase, taking of option or the filing of condemnation proceedings under the power of eminent domain.
B. 
Streets.
1. 
The character and location of all streets shall conform with official plans including minimum width rights of way of fifty (50) feet. The City Planning Commission may permit adjustments in the location of major streets due to topographical conditions and public convenience and safety.
2. 
For streets not indicated on official plans, the arrangement of streets in the subdivision may provide for the continuation or appropriate projection of existing principal streets in the surrounding area except where topographical or other conditions make continuance or conformance to existing streets impractical.
3. 
The location and alignment of local-service streets should be such that their use by through traffic will be discouraged. All alleys shall be dedicated to the City of Albany. All alleys shall have a minimum of twenty (20) foot rights of way.
4. 
Street intersections should be, insofar as practical, at right angles.
5. 
Street jogs and centerline offsets of less than one hundred and twenty-five (125) feet should be avoided.
6. 
Street grades should be of sufficient slope to insure drainage of storm or surface water into natural or manmade ditches for disposal. Street grades shall be of minimum grade according to the Planning Commission.
C. 
Blocks.
1. 
The use for residential purposes of rectangular blocks that are in greater length than in width is encouraged in the interest of economy to the developer and to the City in future maintenance of streets and utilities.
2. 
Provision shall be made for ten (10) foot utility easements, when necessary, at the rear of each lot when alleys are not desired.
D. 
Residential Lots.
1. 
The shape of residential lots shall not be required to conform to any stipulated pattern. Lots should be of such shape as to best accommodate the type of house to be built in order to provide for adequate spacing between houses.
2. 
The minimum lot area and width of lot shall conform with the minimum requirements as stated for the residential district in the zoning Regulations.
3. 
The building lines shall conform with the minimum requirements as stated for the residential district in the zoning Regulations.
E. 
Topography and Natural Features — Topographic Map. The City Planning Commission may require a topographic map of the subdivision with a contour interval of not more than one (1) foot. The subdivider may also be required to indicate natural features such as drainage ways (creeks, etc.), ponds, trees, etc., on the Topographic Map.
[Ord. No. 728 §5, 11-17-1970]
A. 
Water. Where public water is available to the subdivision, each lot in the subdivision shall be provided water in accordance with the policies and standards established by the City.
B. 
Sanitary Sewers.
1. 
Where sanitary sewers are available to the subdivision, each lot in the subdivision shall be provided sanitary sewers in accordance with the policies and standards established by the City.
2. 
When the subdivision cannot be served by an existing sanitary sewer, the disposal of sewage shall be provided in accordance with the policies and standards established by the City.
C. 
Street Improvements. Streets shall be improved by the subdivider in accordance with the policies and standards established by the City as being minimum for acceptance of dedication and maintenance of streets.
D. 
Installation of Required Improvements.
1. 
The subdivider shall provide one of the following in respect to any improvement or improvements required:
a. 
Evidence of installation of improvements in the form of a certificate containing the signatures of the proper official or officials as to compliance.
2. 
The Board of Aldermen shall designate the official or officials who shall be responsible for certifying proper installation of required improvements.
[Ord. No. 728 §6, 11-17-1970]
A. 
Requirements for Plat Approval. The City Planning Commission shall require the following of the developer for the plat approval:
1. 
The preparation of an official plat, or map, suitable for filing, containing data required by Section 405.030 Subsection (B).
2. 
If the plat is to be for only a portion of the land intended for immediate development, at least a sketch layout for the entire area to insure that the purposes and intent of these Regulations are complied.
3. 
Evidence of installation of improvements where required.
4. 
Conformance with all other provisions of these Regulations.
B. 
Enforcement. After the effective date of these subdivision Regulations:
1. 
No plat shall be accepted for record unless approved by the City Planning Commission.
2. 
No utility (publicly or privately owned) shall extend its facilities to service an area unless one of the following applies:
a. 
The extension is to an area where a subdivision plat of record existed prior to the effective date of these Regulations.
b. 
The extension is to an area where a plat of record has been approved by the City Planning Commission.
c. 
Installation of utilities is required before the plat can receive approval for filing for record.
d. 
The extension of utilities is along a public way in existence and use at the time of the effective date of these Regulations, but the extension is not in depth of greater than two hundred (200) feet from the public way.
3. 
No deed shall be accepted for record by the County Recorder pertaining to long within the corporate area unless said deed is referenced to a plat of record or represents a transfer of unplatted land in its entirety without subdivision.
C. 
Variances.
1. 
Where the Planning Commission finds there are extraordinary hardships resulting from strict compliance with these Regulations, they may alter the Regulations so that substantial justice may be done and the public interest secured; provided that such alteration will not have the effect of nullifying the intent and purpose of the general plan of the community or these Regulations. Such variances and modifications as may be granted under this Section shall be by at least a three-fourths (¾) majority of the City Planning Commission present.
2. 
In granting variances and modifications, the City Planning Commission may require such conditions as it may, in its judgment, secure substantially the objectives of the standards or requirements so varies or modified.
D. 
Validity. The provisions of these Regulations are hereby declared to be severable. If any Section, paragraph, sentence, or clause shall be held invalid such invalidity shall not affect the validity of any of the remaining Regulations.
E. 
Penalty. Any person, firm, or corporation which may violate any provision of these Regulations or amendments thereof shall be guilty of a misdemeanor and on conviction shall be subject to penalties provided by law. Each day that such violation continues shall be a separate offense. In case of a corporation as a violator of any provision of this Chapter, each officer, agent, and/or employee in any way responsible for such violation thereof shall be individually and severally liable for the penalties herein prescribed.