[CC 1985 § 25-51; Ord. No. 277, A1 § 1, 11-7-1966; Ord. No. 659, 8-7-2000]
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.
[CC 1985 § 25-52; Ord. No. 277, A2 § 2, 11-7-1966; Ord. No. 659, 8-7-2000; Ord. No. 883, 10-2-2006; Ord. No. 906, 2-4-2008]
A. In obtaining final approval of a proposed
subdivision by the City Planning and Zoning Commission and the City
Council, 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 and Zoning Commission four (4) paper
copies of a preliminary plan and a digital file on disk in AutoCAD
DWG format (version 2004 or newer), conforming to the requirements
set forth in these regulations. Said plans shall be accompanied by
a non-refundable review fee of one hundred dollars ($100.00) plus
one dollar ($1.00) for each lot in the subdivision.
2.
The City Planning and Zoning Commission
shall forthwith refer two (2) copies to the City Engineer.
3.
A hearing on the proposal will be
held before the City Planning and Zoning Commission at its first 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 Clerk on behalf of the
Commission by publication of notice of said hearing in a weekly newspaper
for at least one (1) insertion a 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 and Zoning Commission together with one (1) copy
of the plan received.
5.
The City Planning and Zoning Commission
shall, upon receiving the City Engineer's report, as soon as possible,
but 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
and Zoning Commission shall forthwith return one (1) copy of the approved
preliminary plan to the subdivider.
6.
Upon approval of the preliminary
plat by the City Planning and Zoning 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 and Zoning Commission is revocable and does not
constitute final approval or acceptance of the subdivision by the
City Council 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 and Zoning Commission for approval, the subdivider shall furnish all plans and information as listed in Article
VI, 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 and Zoning Commission:
a.
Three (3) paper copies and one (1)
Mylar copy of the final plat and a digital file on two (2) separate
disks [one (1) for the City and one (1) for the County] in AutoCAD
DWG format (version 2004 or newer).
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 and Zoning Commission.
10.
When the final plat has been passed
upon by the City Planning and Zoning Commission, one (1) copy of the
final plat and performance bond shall forthwith be transmitted to
the City Council, together with a certificate showing the action of
the City Planning and Zoning Commission.
11.
When the final plat has been approved
by the City Council, the performance bond accepted and all three (3)
copies duly certified, three (3) copies shall be delivered to the
City Planning and Zoning 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 for Phelps
County. If said plat is disapproved by the City Council, such disapproval
shall point out in writing wherein said proposed plat is objectionable.
12.
The passage of the resolution accepting
the plat shall constitute final approval of the platting of the area
shown on the final plat, but the owner shall cause such plat to be
recorded in the office of the Recorder of Deeds of Phelps County,
Missouri, 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.
13.
Upon receipt of the duly certified
copies of the final plat by the City Planning and Zoning Commission,
the Secretary of the City Planning and Zoning 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.
14.
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.
15.
The City Council 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 City Council. Prior to certification by the City Engineer,
the subdivider shall file two (2) paper copies and a digital file
on disk in AutoCAD DWG format (version 2004 or newer) with the City
Engineer plans, profiles and cross sections of the required improvements
as they have been built.