[Ord. No. 509, 8-11-2021; Ord. No. 539, 6-21-2023]
A. 
In planning and developing a subdivision, the developer shall comply with the general principles of design and minimum requirements for the layout of subdivisions set forth in this Chapter and with the rules and regulations, and concerning required improvements set forth in these regulations, and in every case shall pursue the following procedure:
1. 
Pre-Application Proceedings — Planning And Zoning Commission Representative. Prior to preparing and submitting the preliminary plat to the Planning and Zoning Commission, the developer or his/her engineer shall consult with the representative of the Planning and Zoning Commission, while the plat is in sketch form to ascertain that the general features of the subdivision, its layout, facilities, and required improvements shall be determined to the extent necessary for the preparation of the preliminary plat. The developer may also appear before the Planning and Zoning Commission while the plat is in sketch form for a similar consultation. The sketch shall be of adequate size, enabling legible lot and street configurations and dimensional approximations. If the Commission moves to accept the plat sketch in concept, it will advise the developer by letter to proceed with the preparation of a preliminary plat, prepared by a qualified, registered land surveyor. The letter will also advise that the recommendation does not bind the Planning and Zoning Commission to accept the preliminary or final plats. Pre-application proceedings shall be properly documented by minutes of conferences and memoranda, as may be necessary, and copies of such documentation shall be furnished by the developer.
2. 
Preliminary Plat. The developer shall prepare and deliver to the Administrative Officer a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in Section 400.432 at least two (2) weeks prior to the meeting of the Planning and Zoning Commission at which action is desired.
3. 
Checking And Reviewing. The preliminary plat shall be checked by the Planning and Zoning Commission as to its conformity with the City Plan of Kimberling City, and as to the plat's compliance with the standards, requirements, and principles hereinafter prescribed; and the Planning and Zoning Commission shall cause said preliminary plat to be checked by the Planning and Zoning Commission's representative to ascertain compliance with all applicable additional requirements of Municipal, County, State, and Federal departments and agencies concerned and with applicable regulations of public utility companies.
4. 
Initial Receipt Of Plans. Upon receipt of initial new development and subdivision plans, the City Administrator shall contract with the City Engineer, City Attorney, and City Building Inspector for plan review and approval. At that time, the City Administrator shall administer, in writing, an estimated cost of all City engineering, legal, and inspector fees that will be incurred by the City. The City Administrator shall file a copy of the fee estimate with the City Clerk. All the costs and expenses, including any costs or expenses incurred by the City, plus the charges for connection fees as required by City ordinance, shall be specially assessed, and an itemized billing of all costs will be sent electronically, and by mail to the developer. All fees incurred by, or due to, the City shall be paid in full by the development company.
5. 
Final Plat. Upon completion of all required improvements as stipulated by the Planning and Zoning Commission, the developer shall file with the Planning and Zoning Commission the final plat of the subdivision. The final plat may include all or any reasonably acceptable part of the approved preliminary plat. A fee, according to Section 400.343(C) of this Chapter, must accompany the final plat to cover administrative costs.
6. 
Approval, Disapproval, Or Modification By Planning And Zoning Commission. The approval of the Planning and Zoning Commission or the refusal to approve shall take place within sixty (60) days from and after the submission of the plat for final approval unless the developer agrees in writing to an extension of this time period; otherwise said plat shall be deemed to have been approved and the certificate of said Planning and Zoning Commission as to the date of the submission of the plat for approval and as to the failure to take action thereon within such time shall be sufficient in lieu of the written endorsement or evidence of approval therein required. The grounds of refusal of any plat submitted or regulations violated by the plat shall be stated upon the record of the Planning and Zoning Commission.
[Ord. No. 509, 8-11-2021; Ord. No. 539, 6-21-2023]
A. 
Number Of Copies And Required Scale. The preliminary plat of the proposed subdivision, three (3) black line or blue line prints prepared by a qualified registered land surveyor, shall accompany an application in writing to the Planning and Zoning Commission. The horizontal scale of the preliminary plat shall be one hundred (100) feet or less to the inch. Improvement plans shall be prepared by a qualified registered professional engineer and a vertical scale of street and sewer profiles shall be ten (10) feet or less to the inch.
B. 
Required Information On Plat. The preliminary plat shall clearly show the following features and information.
1. 
A property description of the property to be subdivided, plus a legal boundary survey of the property proposed for platting which plat boundaries shall show traverse bearings and internal angles with dimensions in hundredths of feet. Error of closure shall meet the standards promulgated by the State of Missouri, "Missouri Minimum Standards for Property Boundary Surveys," Division of Geology and Land Survey, Missouri Department of Natural Resources. All bearings shall be referenced to true north or grid north according to the Missouri Coordinate System of 1983, Central Zone. The developer shall require his surveyor to tie the final plat to the Missouri Coordinate System of 1983, Central Zone. The ties are to be on a minimum of two (2) permanent monuments within the subdivision and the corner used to tie the subdivision to the United States Public Land Survey corner as recognized by the Bureau of Land Management.
2. 
Name And Code. The proposed name of the subdivision which shall not duplicate or closely approximate the name of any other subdivision in the City of Kimberling City, or of any subdivision filed in Stone County.
3. 
Designation. The tract designation according to real estate records of the Recorder of the County where located.
4. 
Owners Of Record. The names and addresses of the owner or owners of record, the developer, and the engineer or surveyor.
5. 
Boundary Lines. The boundary lines, accurate in scale, of the tract to be subdivided.
6. 
Streets And Other Features. The location, widths, and names of all existing or platted streets or other public ways within or adjacent to the tract, and other important features such as existing permanent buildings; large trees and watercourses; railroad lines; corporation and township lines; utility lines, etc.
7. 
Existing Utilities. Existing sewers, water mains, culverts, and other underground structures within the tract and immediately adjacent thereto with pipe sizes and grades indicated.
8. 
Soils. Type and extent of soil groups with main soil horizon description.
9. 
Geology. Location, type, and extent of subsurface and exposed geological formations.
10. 
Proposed Design — Street, Drainage, Etc.
a. 
The layout names and widths of proposed streets, alleys, and easements;
b. 
The location and approximate sizes of catch basins, culverts, and other drainage structures;
c. 
The layout, numbers, and approximate dimensions of proposed lots. Proposed street names shall be established to the satisfaction of the Planning and Zoning Commission representative and shall not duplicate or closely approximate any existing or platted street names in the City, except extensions of existing streets. The Board of Aldermen shall have final approval on all street names.
d. 
All lots shall be accessible by a public or private street.
11. 
Zoning. Zoning boundary lines if any, proposed uses of property, and proposed front yard setback lines.
12. 
North Point, Etc. North point, scale, date, title, and other pertinent data.
13. 
Deed Restrictions. Copies of any private restrictions to be included in the deeds should be attached to the preliminary plat.
[Ord. No. 509, 8-11-2021; Ord. No. 539, 6-21-2023]
A. 
In addition to all of the standard requirements for a preliminary plat as indicated in Section 400.432 of this Chapter, the altered or additional requirements contained below will be required as part of the final plat.
1. 
Number Of Copies And Required Scale. Three (3) black line or blue line prints of the final or record plat of the subdivision, or any part of a larger subdivision, shall be submitted to the Planning and Zoning Commission by the developer, together with a written application for approval on forms provided by the Planning and Zoning Commission. The original and final plat shall be filed with the County Recorder of Deeds and a reproducible copy shall be filed with the City Clerk of Kimberling City.
2. 
Bearings — Distances. True bearings and distances to nearest established street bounds, patent or other established survey lines, or other official monuments, which monuments shall be located or accurately described on the plat. Any patent or other established survey or corporation lines shall be accurately monument-marked and located on the plat, and their names shall be lettered on them. The length of all arcsradii, points of curvature, and tangent bearings; all easements and right-of-way, when provided for or owned by public services (with the limitation of the easement rights definitely stated on the plat); all lot lines with dimensions in feet and hundredths, and with bearings and angles to minutes if other than right angles to the street and alley lines.
3. 
Monuments. The accurate location and material of all permanent reference monuments.
4. 
Lots And Block Numbers. All lots, plots, or building sites (lots) in any addition to a subdivision shall be arranged in blocks designed in consideration of topography, soil, and intended use. Lots shall be numbered consecutively from one (1) to the total number of lots in a block. Resubdivided lots shall be designated by their original number and a letter suffix: 3A, 3B, 3C, etc.; or by their original number prefixed with a term accurately describing such division: W 1/2 of 3, N 40 ft. of 5, etc.
5. 
Dedicated Property. The accurate outline of all property which is offered for dedication for public use, and of all property that may be reserved by covenant in the deeds for the common use of the property owners in the subdivisions, with the purpose indicated thereon. All lands dedicated to public use other than streets or railroads shall be marked "Dedicated to the Public."
6. 
Engineer's Certificate. Affidavit and certificate by a qualified professional engineer, or a qualified registered land surveyor to the effect that the plat is a correct representation of all the exterior boundaries of the land surveyed and the subdivision of it; that the plat represents a survey made by him/her and that all monuments indicated thereon actually exist and their location, size and material are correctly shown.
7. 
Tax Paid Certificate. A certificate issued by the authorized City and County officials to the effect that there are no unpaid taxes due and payable at the time of plat approval and no unpaid special assessments, whether or not due and payable at the time of plat approval, on any of the lands included in the plat, and that all outstanding taxes and special assessments have been paid on all property dedicated to public use.
8. 
Required Statement. Every plat or the deed of dedication to which such a plat is attached shall contain, in addition to the registered land surveyor's seal, a statement to the effect that the above and foregoing subdivision of (here insert correct description of the land subdivided) as appears in the plat in question is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any, and shall be duly acknowledged, before some officer authorized to take acknowledgments of deeds, and when thus executed and acknowledged, shall be filed and recorded in the office of the Recorder of Deeds of Stone County and indexed under the names of the owners of the lands signing such statement and under the name of the subdivision.
[Ord. No. 509, 8-11-2021]
A. 
Notwithstanding any other provisions of this Article or any other ordinances of the City to the contrary, where it is intended that all of the costs of new development construction will be specially assessed by the City against properties benefited by the improvement, with the City to collect the special assessments so levied to reimburse the City for the amount paid or to be paid by it on the bonds, and to otherwise pay for the costs of construction, engineering fees, and attorney fees billed to the City for assessments on the project should the bonds issued not pay for all of the costs, by observing the following procedures:
1. 
Establishment Of Special District And Authorization Of Improvements. Upon receipt of the information for new development, the Board of Aldermen shall establish and define the special district or joint district in which the project will be constructed; authorize acquisition of necessary right-of-way, for City utilities and streets, in accordance with the laws of the State.
2. 
Upon receipt of initial new development plans, the City Administrator shall contract with the City Engineer, City Attorney, and City Building Inspector for plan review and approval. At that time, the City Administrator shall administer, in writing, an estimated cost of all City engineering, legal, and inspector fees that will be incurred by the City. The City Administrator shall file a copy of the fee estimate with the City Clerk after estimates have been received. The estimate, after being certified by the City Clerk, will be sent electronically and by mail to the developer.
3. 
All the costs and expenses, including any costs or expenses incurred by the City, plus the charges for connection fees as required by City ordinance, shall be specially assessed, and an itemized billing of all costs will be sent electronically and by mail to the developer. All fees incurred by, or due to, the City, if not covered by the bond on record, shall be paid in full by the development company.
[Ord. No. 509, 8-11-2021; Ord. No. 539, 6-21-2023]
A. 
The City Administrator in consultation with development review staff in the City has the authority to approve minor subdivisions as follows:
1. 
Minor Subdivisions. In the case of a small, minor subdivision situated within City limits where conditions are well defined, a written request of the developer may exempt the developer from complying with some of the requirements stipulated in Sections 400.432 and 400.433, pertaining to the preparation of the plats.
2. 
Lot Splits/Lot Combinations/Property Line Adjustments.
a. 
Any proposed lot combination, lot split or property line adjustment shall be submitted to the City Clerk for administrative approval. The requestor(s) may present a sketch plan initially to obtain advice and counseling from the City Administrator and/or development review staff on the proposed change. The sketch shall be of adequate size, enabling legible lot and street configurations and dimensional approximations. If the development review staff accepts the plat sketch in concept, it will advise the petitioner by letter to proceed with the preparation of an amended plat, certified by a professional engineer or registered land surveyor indicating the original platted boundaries and the final configuration of the boundaries of the lots, being split or combined. The letter will also advise that this recommendation does not bind development review staff to accept the amended plat; it will also advise that the following will be required to accompany the amended plat when it is submitted to the City Clerk:
b. 
Original/platted boundaries of the lots being split, combined or lot line adjusted.
c. 
The amended plat shall indicate the final configuration of the boundaries of the lot or lots being split, combined or lot line adjusted.
d. 
The amended plats shall be certified by a professional engineer or registered surveyor.
e. 
A fee, according to Section 400.343(C) of this Chapter, must accompany the request.
3. 
If the development review staff is satisfied that such lot combinations, lot split or property line adjustment is not contrary to applicable regulations, it may recommend approval of the stated request to the Board of Aldermen; provided such action is without detriment to the public interest and is consistent with the desirable general development of the welfare of the neighborhood and the community in accordance with the Comprehensive Plan and other regulations set out in this Chapter.
4. 
Pre-application proceedings shall be properly documented by minutes of conferences and memoranda, as may be necessary, and copies of such documentation shall be furnished by the developer.
B. 
Modification — Undue Hardship. In any particular case where the developer can show by plan and written statement that, by reason of exceptional topographic or other physical conditions, literal compliance with any requirement of these regulations would cause practical difficulty or exceptional and undue hardship, the Board of Adjustment may modify such requirement to the extent deemed just and proper, so as to relieve such difficulty or hardship; provided such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these regulations or the desirable general development or welfare of the neighborhood and the community in accordance with the Comprehensive Plan and the Zoning Ordinance. Any modification thus granted shall be spread upon the minutes of the Board of Adjustment setting forth the reasons which in the opinion of the Board of Adjustment justified the modification.
C. 
When construction of a principal building and its customary accessory buildings is proposed on more than one (1) lot, said lots shall be combined pursuant to Section 440.435(B) prior to issuance of a building permit.
D. 
No lot split, lot combination, or minor subdivision shall be permitted which creates a lot without frontage to a street.