[Ord. No. 718 §1, 8-5-1969]
For the purpose of this Chapter, the following terms mean or
include:
BOARD
The chief legislative body of the City of Albany, Missouri.
SUBDIVISION
The division of a parcel of land into two (2) or more lots,
or other divisions of land; it includes the resubdivision and, when
appropriate to the context, relates to the process of subdividing
or to the land or territory subdivided.
[Ord. No. 718 §2, 8-5-1969]
The Board of Aldermen of the City of Albany, Missouri, shall
adopt, amend and carry out a City Plan and appoint a Planning Commission
with the powers and duties herein set forth.
[Ord. No. 718 §3, 8-5-1969; Ord. No. 99-41 §1, 12-7-1999]
The Planning Commission of the City of Albany, Missouri, shall
consist of five (5) citizen members appointed by the Mayor and approved
by the Board. All citizen members of the Commission shall serve without
compensation. The term of each of the citizen members shall be for
four (4) years, except that the terms of the citizen members first
(1st) appointed shall be for varying periods, so that the succeeding
terms will be staggered. Any vacancy in the membership shall be filled
for the unexpired term by appointment as aforesaid. The Board may
remove any citizen member for cause stated in writing and after public
hearing.
The Commission shall elect a Chairman and Secretary from among
the citizen members. The term of Chairman and Secretary shall be for
one (1) year, with eligibility for re-election. The Commission shall
hold regular meetings and special meetings as they provide by rule,
and shall adopt rules for the transaction of business, and keep a
record of its proceedings. These records shall be public records.
The Commission shall appoint the employees and staff necessary for
its work, and may contract with City planners and other professional
persons for the services that it requires. The expenditures of the
Commission, exclusive of grants and gifts, shall be within the amounts
appropriated for the purpose by the Board.
[Ord. No. 718 §§5-7, 8-5-1969]
A. The
Commission shall make and adopt a City Plan for the physical development
of the City of Albany, Missouri. The City Plan, with the accompanying
maps, plats, charts and descriptive and explanatory matter, shall
show the Commission's recommendations for the physical development
and uses of land and may include, among other things, the general
location, character and extent of streets and other public ways, grounds,
places and spaces; the general location and extent of public utilities
and terminals, whether publicly or privately owned, the acceptance,
widening, removal, extension, relocation, narrowing, vacation, abandonment
or change of use of any of the foregoing; the general character, extent
and layout of the replanning of blighted districts and slum areas.
The Commission shall also prepare a Zoning Plan for the regulation
of the height, area, bulk, location and use of private, non-profit
and public structures and premises, and of population density.
B. In
the preparation of the City Plan, the Commission shall make careful
and comprehensive surveys and studies of the existing conditions and
probable future growth of the municipality. The plan shall be made
with the purpose of guiding and accomplishing a coordinated development
of the municipality which will, in accordance with existing and future
needs, best promote the general welfare, as well as efficiency and
economy in the process of development.
C. The
Commission may adopt the plan as a whole by a single resolution or,
as the work of making the whole City plan progresses, may from time
to time adopt a part or parts thereof, any part to correspond generally
with one (1) or more of the functional subdivisions of the subject
matter of the plan. Before the adoption, amendment or extension of
the plan or portion thereof the Commission shall hold at least one
(1) public hearing thereon. Fifteen (15) days' notice of the time
and place of such hearing shall be published in at least one (1) newspaper
having general circulation within the municipality. The hearing may
be adjourned from time to time. The adoption of the plan requires
a majority vote of the full membership of the Planning Commission.
The resolution shall refer expressly to the maps, descriptive matter
and other matters intended by the Commission to form the whole or
part of the plan and the action taken shall be recorded on the adopted
plan or part thereof by the identifying signature of the Secretary
of the Commission and filed in the office of the Commission, identified
properly by file number, and a copy of the plan or part thereof shall
be certified to the Board and the City Clerk, and a copy shall be
available in the office of the County Recorder of Deeds and shall
be available at the City Clerk's office for public inspection during
normal office hours.
[Ord. No. 718 §8, 8-5-1969]
All public officials shall, upon request, furnish to the Commission
within a reasonable time all available information it requires for
its work. The Commission, its members and employees, in the performance
of its functions, may enter upon any land to make examinations and
surveys. In general, the Commission shall have the power necessary
to enable it to perform its functions and promote municipal planning.
[Ord. No. 718 §9, 8-5-1969]
Whenever the Commission adopts the plan of the City of Albany,
Missouri, or any part thereof, no street or other public facilities,
or no public utility, whether publicly or privately owned, and, the
location, extent and character thereof having been included in the
recommendations and proposals of the Plan or portions thereof, shall
be constructed or authorized in the Municipality until the location,
extent and character thereof has been submitted to and approved by
the Planning Commission. In case of disapproval, the Commission shall
communicate its reasons to the Board, and the Board, by vote of not
less than two-thirds (⅔) of its entire membership, may overrule
the disapproval and, upon the overruling, the Board or the appropriate
board or officer may proceed, except that if the public facility or
utility is one the authorization or financing of which does not fall
within the province of the Board, then the submission to the Planning
Commission shall be by the Board having jurisdiction, and the Planning
Commission's disapproval may be overruled by that Board by a vote
of not less than two-thirds (⅔) of its entire membership. The
acceptance, widening, removal, extension, relocation, narrowing, vacation,
abandonment, change of use, acquisition of land for, sale or lease
of any street or other public facility is subject to similar submission
and approval, and the failure to approve may be similarly overruled.
The failure of the Commission to act within sixty (60) days after
the date of official submission to it shall be deemed approval.
[Ord. No. 718 §10, 8-5-1969]
The Commission shall have and perform all of the functions of
the Zoning Commission provided for in Chapter 89, RSMo., and shall
have and perform all of the functions of a Planning Commission as
outlined in said Chapter.
[Ord. No. 718 §§11-14, 8-5-1969]
A. After
the Planning Commission of the City of Albany, Missouri, adopts a
City Plan which includes at least a Major Street Plan or progresses
in its City Planning to the making and adoption of a Major Street
Plan, and files a certified copy of the Major Street Plan in the office
of the Recorder of Deeds of Gentry County, then no plat of a subdivision
of land lying within the Municipality shall be filed or recorded until
it has been submitted to and a report and recommendation thereon made
by the Commission to the Board of Aldermen, and the Board has approved
the plat as provided by law.
B. Before
adoption of any subdivision regulations, or any amendment thereof
by the Board of Aldermen, a duly advertised public hearing thereof
may be held by the Board.
C. Within
sixty (60) days after submission of a subdivision 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-day period. The ground of disapproval of any plat by the Commission
shall be made a matter of record.
D. The
approval of a plat by the Commission does not constitute or effect
an acceptance by the Municipality or public of the dedication to public
use of any street or other ground shown upon the plat.
[Ord. No. 718 §15, 8-5-1969]
No owner or agent of the owner of any land located within the
planning jurisdiction of the City of Albany, Missouri, 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 Board or Planning Commission, and recorded in the office of
the Gentry County Recorder. Any person violating the provisions of
this Section shall forfeit and pay to the Municipality 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. Said penalty shall be set by the Board of Aldermen.
The City of Albany, Missouri, may enjoin or vacate the transfer or
sale or agreement by legal action, and may recover the penalty in
such action.
[Ord. No. 718 §§16-18, 8-5-1969]
A. Upon
adoption of a Major Street Plan and subdivision Regulations, the City
of Albany, Missouri, shall not accept, lay out, open, improve, grade,
pave or light any street, lay or authorize the laying of water mains,
sewers, connections or other utilities in any street within the Municipality
unless the street has received the legal status of a public street
prior to the adoption of a City Plan; or unless the street corresponds
in its location and lines with a street shown on a subdivision plat
approved by the Board or the Planning Commission, or on a street Plan
made by and adopted by the Commission. The Board may locate and construct
or may accept any other street if the ordinance or other measure for
the location and construction or for the acceptance is first submitted
to the Commission for its approval, and approved by the Commission
or, if disapproved by the Commission, is passed by the affirmative
vote of not less than two-thirds (⅔) of the entire membership
of the Board of Aldermen.
B. After
the adoption of a Major Street Plan, no building permit shall be issued
for and no building shall be erected on any lot within the territorial
jurisdiction of the Commission unless the street giving access to
the lot upon which the building is proposed to be placed conforms
to the requirements above described.
C. Whenever
a Plan for major streets has been adopted, the Board of Aldermen upon
recommendation of the Planning Commission, is authorized and empowered
to establish, regulate and limit and amend, by ordinance, building
or setback lines on major streets, and to prohibit any new building
being located within building or setback lines. When a Plan for proposed
major streets or other public improvements has been adopted, the Board
may prohibit any new building being located within the proposed site
or right of way when the centerline of the proposed street or the
limits of the proposed sites have been carefully determined and are
accurately delineated on maps approved by the Planning Commission
and adopted by the Board.