[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.