[R.O. 2012 §406.010; Ord. No. 91-4-3 §§1 — 3, 4-1-1991; Ord. No. 96-3-3, 3-18-1995; Ord. No. 22-07-01, 7-18-2022]
A.
Jurisdiction. These regulations shall apply to all land located within
the City of Excelsior Springs.
B.
Purpose And Intent. The purpose of these regulations is to provide
for the harmonious development of the community; to provide for the
proper location and width and the construction of streets, the establishment
of building lines, provision for open spaces, safety and convenience
of the public, utilities, drainage, and for the avoidance of congestion
of population and the compatibility of street and lot layout; to require
and fix the extent to which and the manner in which the streets shall
be improved, and water, sewer, surface water management facilities
and other utilities shall be installed and financed, including off-site
improvements where warranted by the public interest, and to provide
for and secure the actual construction of such physical improvements
herein referred to as Public Works Elements.
C.
Applicability. The owner or owners of any land located within the
jurisdiction of these regulations who:
1.
Propose to divide said land into two (2) or more lots, blocks,
tracts or parcels containing ten (10) acres or less;
2.
Shall establish any street, alley, park or other property intended
for public use or for the use of purchasers or owners of lots, tracts
or parcels of land fronting thereon or adjacent thereto;
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shall cause a plat to be made in accordance with these regulations.
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D.
Exemptions. These regulations shall not apply to any transfer of title by operation of eminent domain or court ordered petition, or when the provisions of Section 406.050(D) are applicable.
E.
Restrictive Covenants. The Planning Commission and City Council may
require that regulations regarding the use and maintenance of property
of the subdivision be incorporated in a Declaration of Restrictive
Covenants and recorded with the final plat or plats. In the event
that a subdivider proposes imposition of restrictive covenants on
property to be subdivided, to be applied in addition to the regulations,
standards and specifications of the City, such restrictive covenants
shall be presented with the preliminary plat of subdivision, made
a part of the record in review of the proposed subdivision, and recorded
with the final plat or plats.
[R.O. 2012 §406.020; Ord. No. 91-4-3 §§1 — 3, 4-1-1991; Ord. No. 22-07-01, 7-18-2022]
A.
Duties Of The City Manager.
1.
Maintain permanent and current records with respect to these
regulations including amendments thereto.
2.
File copies of all preliminary and final plats together with
applications therefor upon receipt from a subdivider.
3.
Forward copies of preliminary plats to the Planning Commission
at appropriate intervals before meetings.
4.
Transmit final plat and Planning Commission recommendations
to the City Council for its action.
5.
Send notice of intent to plat to owners of record of land within
two hundred (200) feet of property being considered for subdivision,
resubdivision or lot split.
6.
Cause the final plat to be duly recorded following final approval.
C.
Duties Of The City Council.
1.
Consider appeals from the decision of the Planning Commission
relative to plats.
2.
Consider Planning Commission recommendations on preliminary
plats at the final plat and approval or disapproval stage.
3.
Take other actions as required from time to time including the
consideration of amendments to these regulations.
[R.O. 2012 §406.030; Ord. No. 91-4-3 §§1 — 3, 4-1-1991; Ord. No. 22-07-01, 7-18-2022]
Words And Terms. Words and terms as used in this Chapter are
defined as follows:
The standards for streets, sanitary sewers, sidewalks, storm
drainage structures and other public works elements, published by
the Kansas City Chapter of the American Public Works Association.
A public way which affords only a secondary or service access
to abutting property.
A piece or parcel of land entirely surrounded by public highways,
streets, streams, railroad, right-of-way or parks, etc., or a combination
thereof.
A vehicular turnaround which is located at the closed end
of a dead-end street.
The location and alignment of streets, grades, and widths
of streets, alignment and width of easements, alignment and rights
of way for drainage and sanitary sewers, and the layout of lots.
A grant by the property owner to the public, a corporation,
or persons, of the use of a strip or parcel of land for specified
purposes.
A plan or map prepared in accordance with the provisions
of these regulations and those of any applicable local regulations,
which plat is prepared to be placed on record in the office of the
Recorder of Deeds of the County.
The Mayor and Council of Excelsior Springs.
A parcel of land, within or outside a subdivision, intended
as a unit for transfer of ownership or for development, or both.
A subdivision of land, previously platted, for the purpose
of transfer of ownership which does not contain more than three (3)
lots fronting on an existing street, not involving any new street
or road or the extension of municipal facilities, or the creation
of any public improvements and not adversely affecting the development
of the remainder of the parcel or adjoining property and not in conflict
with any provision or portion of the Master Plan, Major Street Plan,
zoning ordinance or these regulations.
An area of land or water or combination thereof planned for
passive or active recreation, but does not include areas used for
streets, alleys, driveways or private roads, off-street parking or
loading areas, or required front, rear or side yards.
A right-of-way or easement dedicated for public use by persons
on foot.
The Excelsior Springs Planning Commission.
A map made for the purpose of showing the design of a proposed
subdivision and existing conditions in and around it.
Street work, storm water facilities, water or sewer mains,
sidewalks and utilities that are to be installed, or agreed to be
installed, by the subdivider on the land or that are related to or
are necessary to support the development of the subdivision but are
on land not included in said subdivision, to be used for public or
private use.
A line on a plat generally parallel to the street right-of-way,
indicating the limit beyond which buildings or structures may not
be placed.
A right-of-way, owned and maintained by one (1) or more private
parties, which provides principal vehicular and pedestrian access
to adjacent properties.
A right-of-way dedicated to the public for use as a principal
access to properties adjacent thereto, constructed in accordance with
accepted design standards and endorsed by the Planning Commission
and City Council.
A person, firm, corporation, partnership, or association
who causes the land to be divided for himself or others.
The division of a tract of land into two (2) or more lots or parcels, any of which are ten (10) acres or less for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land. The term "subdivision" includes "re-subdivision," and the term "re-subdivision" as used herein, shall include any further subdivision of a lot or parcel of land previously subdivided except as set out in Section 406.010(D).
[R.O. 2012 §406.040; Ord. No. 91-4-3 §§1 — 3, 4-1-1991; Ord. No. 99-10-2, 10-4-1999; Ord. No. 2013-04-03 §1, 5-6-2013; Ord. No. 14-07-05 §20, 7-21-2014; Ord. No. 22-07-01, 7-18-2022]
A.
Length Of Blocks. Intersecting streets (which determine block length)
shall be provided at such intervals as to serve cross traffic adequately
and to meet existing streets in the neighborhood. In Residential Districts,
where no existing plats exists, the blocks shall not exceed one thousand
five hundred (1,500) feet in length. In blocks longer than nine hundred
(900) feet, pedestrian ways or easements through the block may be
required if deemed necessary for convenient pedestrian circulation.
Such pedestrian easements shall have a width of not less than ten
(10) feet. Blocks for business development shall not exceed eight
hundred (800) feet in length.
B.
Streets And Alleys.
1.
Relationship To Adjoining Street Systems. The arrangement of streets in new subdivisions shall make provisions for the continuation of the principal existing streets in adjoining additions (or their reasonable projection where intervening land is not platted) insofar as they may be necessary for convenient access and circulation. The width of such streets in new subdivisions shall be not less than the minimum established in Subsection (B)(11) of Section 406.040. Whenever there exists a dedicated or platted half street or alley adjacent to the tract to be subdivided, the other half of the street or alley shall be platted and dedicated as a public street or alley.
2.
Street Names. Streets shall be named and numbered in accordance
with a City-wide coordinate system, such names and numbers to be assigned
by the City Staff and approved by the City Council.
3.
Subdivision Signs. Permanent subdivision sign's location,
size and design shall be approved by the City. Property association
by-laws shall specify the party responsible for maintenance.
4.
Arterial Streets. Arterial streets shall be designed through
or adjacent to subdivisions in keeping with the Major Street Plan
adopted by the Planning Commission.
5.
Local Streets. Local streets shall be designed to provide convenient
and safe access to all lots abutting thereon, shall have an alignment
to discourage rapid through traffic, and be capable of accommodating
surface water and require minimum disturbance of natural features.
6.
Cul-De-Sacs. An adequate turnaround of not less than one hundred
(100) foot diameter right-of-way shall be provided at the closed end
of a dead-end local street. Such local street segment shall not exceed
nine hundred (900) feet in length.
7.
Intersections. Under normal conditions, streets shall be laid
out to intersect, as nearly as possible, at right angles. Where topography
or other conditions justify a variation from ninety degrees (90°),
the minimum angle shall be seventy degrees (70°).
8.
Streets Adjacent To A Railroad Right-Of-Way Or Limited Access
Highway. Where lots will front or side, but do not back on railroad
right-of-way or limited access highways, a marginal access street
or frontage road may be required parallel and adjacent to said right-of-way.
The location and design of such access street shall be such that safe
and convenient traffic movements at intersections are maintained.
9.
Half Streets. Half streets shall be avoided except where they
are essential to the reasonable development of the subdivision in
conformity with the other requirements of these regulations; or when
the Planning Commission finds that it will be practical to require
the dedication of the other half street within a reasonable time.
10.
Alleys. Alleys are not required in residential areas but may
be required in business blocks. The platted width of an alley shall
be not less than twenty (20) feet.
11.
Minimum Requirements. The right-of-way grades, horizontal curves
and vertical curves, for streets and alleys dedicated and accepted,
shall not be less than the minimum for each classification as follows:
a.
Primary Major Thoroughfare.
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Minimum Right-of-Way Width
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100 feet
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Maximum Gradient
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7%
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Minimum Radii of Horizontal Curves
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500 feet
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Minimum Sight distance on vertical curves
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325 feet
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b.
Secondary Major Thoroughfare.
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Minimum Right-of-Way Width
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60 feet
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Maximum Gradient
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7%
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Minimum Radii of Horizontal Curves
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300 feet
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Minimum Sight distance on vertical curves
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275 feet
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c.
Commercial Or Industrial Street.
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Minimum Right-of-Way
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60 feet
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Maximum Gradient
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7%
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Minimum Radii of Horizontal curves
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250 feet
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Minimum Sight distance on vertical curves
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225 feet
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d.
Residential Collector Streets.
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Minimum Right-of-Way
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60 feet
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Maximum Gradient
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10%
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Minimum Radii of Horizontal Curves
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200 feet
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Minimum Sight distance on vertical curves
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200 feet
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e.
Minor Residential Streets.
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Minimum Right-of-Way
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50 feet
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Maximum Gradient
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10%
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Minimum Radii of Horizontal Curves
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150 feet
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Minimum Sight Distance on Vertical curves
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150 feet
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f.
Alleys.
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Minimum Right-of-Way width
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20 feet
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g.
Pedestrian Way.
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Minimum Right-of-Way width
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10 feet
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h.
Minimum Gradient. The absolute minimum gradient on a street
shall be one-half of one percent (0.5%) and minimum gradient shall
be one percent (1%) wherever practical.
12.
Additional Requirements. When subdivision traffic, on arterial
and collector streets warrants greater widths of right-of-way, the
additional width shall be dedicated.
13.
Street Alignment. On streets with reverse curves, a reasonable
tangent shall be provided between curves to permit a smooth flow of
traffic.
C.
Lots.
1.
Minimum Lot Width. Shall be as set out in the zoning ordinance.
(Said width shall be measured at the building setback.)
2.
Minimum Lot Depth. Shall be one hundred (100) feet. (Said measurement
shall be made through the center of the lot and shall be perpendicular
to the property line or radial to the property line on curved streets.)
3.
The Maximum Depth Of Residential Lots. Shall not exceed two
and one-half (2 1/2) times the width thereof.
4.
Minimum Lot Area. Shall be subject to the zoning regulations
of the district in which the subdivision is located and the minimum
design standards of this regulation. The more restrictive of the regulations
shall govern.
5.
All Side Lot Lines. Shall bear sixty degrees (60°) to ninety
degrees (90°) from the tangent of a curved street.
6.
Front Building On Setback Lines. Shall be shown on the final
plat for all lots in the subdivision and shall not be less than the
setbacks required by the zoning regulations or any other regulations
adopted by the governing body.
7.
Double Frontage Lots. Shall be prohibited except where lots
abut a primary thoroughfare.
8.
Lot Access. Every lot shall abut on a street other than an alley.
9.
Non-Conforming Structures. The subdivision or resubdivision
of a tract or lot shall not be permitted where said subdivision or
re-subdivision places an existing permanent structure in violation
of the requirements of the zoning regulations or the minimum design
standards of these regulations.
10.
Front Yards. Residential lots shall not face on primary or secondary
major thoroughfares. The number of lots facing on collector streets
shall be kept to a minimum in each subdivision. The street pattern
shall be designed so that the side lines of lots abut collector streets
wherever land shapes and topography permit.
D.
Easements.
1.
Utility Easements. Where alleys are not provided, permanent
easements of not less than ten (10) feet in width shall be provided
on each side of all rear lot lines, and on alternating side lot lines,
where necessary, for utility poles, wire, conduits, gas, water mains,
and other utilities. These easements shall provide for a continuous
right-of-way at least twenty (20) feet in width. Permanent easements
shall not be obstructed by fences, structures or landscaping and shall
be kept in an open condition for easy access by maintenance personnel.
No additional amounts of overburden may be placed on a utility easement
which would increase the depth of the utilities from the originally
approved design elevations unless approved by the Public Works Director.
2.
Sanitary Sewer Easements. A minimum of twenty (20) foot wide
permanent easement is required for all sanitary sewer lines. Lines
deeper than sixteen (16) feet require wider permanent easements as
follows: Seventeen (17) foot through twenty-two (22) foot depths requires
twenty-five (25) foot width; twenty-three (23) foot through twenty-eight
(28) foot depth requires thirty (30) foot width; twenty-nine (29)
foot through thirty-two (32) foot depths requires forty (40) foot
width. All building setbacks must be at least ten (10) foot minimum
from any easement containing a sanitary sewer. No other utilities
shall be placed within six (6) feet of either side of the centerline
of the pipe on a sanitary sewer easement. No additional amount of
overburden may be placed on a sanitary sewer easement which would
increase the depth of the sewer pipe from the originally approved
design elevations unless approved by the Public Works Director.
3.
Drainage Easements. If a subdivision is traversed by a watercourse, drainage way or channel, then a storm water easement or drainage right-of-way shall be provided. Such easement or right-of-way shall conform substantially to the lines of such watercourse and shall be of such width or construction, or both, as may be necessary to provide adequate storm water drainage and for access for maintenance thereof. The minimum width for drainage easements shall be not less than fifteen (15) feet for closed conduits and twenty (20) feet for open channels and shall in any case provide for conveyance of a fifty (50) year storm flow with additional width of not less than ten (10) feet for construction and maintenance. No other utilities shall be placed within six (6) feet of either side of the centerline of the pipe in a drainage easement that contains an enclosed conduit. No additional amount of overburden may be placed on a drainage easement which would increase the depth of the storm pipe from the originally approved design elevations unless approved by the Public Works Director. All building setbacks must be at least ten (10) feet minimum from any storm easement. Extra width of the easement for deeper storm lines shall follow the depth schedule of sanitary sewer easements in Subsection (D)(2) above.
4.
The fee for vacation of an easement shall be as specified in
the Schedule of Fees, Title I, Appendix A.
E.
Access Control. Points of access to all property from the public
streets system shall be placed in the interest of public safety and
for preservation of the traffic carrying capacity of the street system.
Such restrictions shall be indicated on the final plat.
[R.O. 2012 §406.050; Ord. No. 91-4-3 §§1 — 3, 4-1-1991; Ord. No. 93-2-5, 2-8-1993; Ord. No. 96-3-3, 3-18-1996; Ord. No. 03-12-4, 12-1-2003; Ord. No. 14-07-05 §§21
— 23, 7-21-2014; Ord. No. 22-07-01, 7-18-2022]
A.
Pre-Application. Prior to the filing of the preliminary plat, the
subdivider shall contact the City staff to determine:
1.
Procedure for filing plats.
2.
Availability of City sewers and water.
3.
Comprehensive plan requirements for major streets, land use,
parks, schools and public open spaces.
4.
Zoning requirements for the property in question and adjacent
properties.
5.
Special right-of-way and setback requirements for arterial,
collector and local streets.
B.
Sketch Plan Review.
1.
A developer may request that the staff review a sketch plan
prior to the submission of a preliminary plat.
2.
There shall be no minimum requirements for the submission of
a sketch plan other than the sketch should be readable and suitable
for copy, if necessary. The size and scale, as well as the quality
of the submission, shall be left to the discretion of the prospective
developer.
C.
Preliminary Plats. A subdivider may submit a preliminary plat to
the City Manager or his/her representative.
1.
Submission Of A Preliminary Plat.
a.
Filing Fee. A filing fee as specified in the Schedule of Fees,
Title I, Appendix A shall accompany the filing of each preliminary
plat. The preliminary plat shall not be accepted for filing until
the filing fee therefore has been paid by the subdivider.
b.
Number Of Copies. The subdivider shall submit a digital file
and one (1) large copy and one (1) eleven (11) inch by seventeen (17)
inch copy of the preliminary plat at least thirty (30) days prior
to a regular Planning Commission meeting at which the preliminary
plat is to be considered.
c.
Ownership List. The subdivider shall submit, with the preliminary
plat, a complete list of the names and mailing addresses of all owners
of record of all land within two hundred (200) feet of the proposed
subdivision.
d.
Information. Preliminary plats shall contain:
(1)
Name. The proposed name of the subdivision. (The
name shall not duplicate or too closely resemble the name or names
of any existing subdivision.)
(2)
Location Map. A location map showing the boundary
lines of the subdivision with reference to section, township and range
lines.
(3)
Owner/Preparer. The names and addresses of the
developer, owner, and the person or firm who prepared the plat.
(4)
Scale/Date. Scale of the plat, one (1) inch equals
one hundred (100) feet or larger, date of preparation and north point.
(5)
Boundary/Description. Boundary lines of the property
accurately shown plus a metes and bounds description.
(6)
Existing Conditions:
(a)
Surrounding streets/public right-of-way. Location,
width and name of platted streets or other public ways, railroads
and utility rights-of-way, parks and other public open spaces and
permanent buildings within two hundred (200) feet of the proposed
subdivision.
(b)
Utilities. All existing sewers, water mains, gas
mains, culverts, or other underground installations, within or adjacent
to the proposed subdivision, with pipe size and manholes, grades and
location.
(c)
Adjacent Properties. Names of subdivisions together
with arrangement of streets and lots, and owners of adjacent parcels
of unsubdivided land within two hundred (200) feet.
(d)
Topography. Topography (unless specifically waived)
with contour intervals of not more than five (5) feet, referred to
City or U.S.G.S. datum; where the ground is too flat for contours,
spot elevations shall be provided.
(e)
Natural Features. Location of water courses, bridges,
wooded areas, lakes, ravines and such other features as may be pertinent
to the subdivision.
(7)
Lots. The proposed arrangement of lots and their
approximate size.
(8)
Streets. Location and width of proposed streets,
alleys, sidewalks, pedestrian ways and easements.
(9)
Utilities. The proposed method of sewage disposal,
water supply and drainage.
(10)
Public Areas. Location and dimensions of proposed
parks, playgrounds, churches, school sites or other special uses of
land to be considered for reservation or dedication for public use.
(11)
Proposed Improvements. The general location and
character of all proposed public utilities and improvements shall
be shown.
(12)
Additional Information. The Planning Director
may request any reasonable additional information necessary to review
the proposed subdivision and forward it to the Planning Commission.
This information may include information generally available or additional
preliminary engineering drawings and data, but shall not include request
for detailed engineering drawings or calculations.
2.
Action On The Preliminary Plat. Within sixty (60) days after
the submission of a preliminary plat, the Planning Commission shall
approve or disapprove the plat; otherwise, the plat is deemed approved
by the Planning Commission, except that the sixty (60) day period
may be extended with the consent of the applicant. Action by the Commission
shall be conveyed to the subdivider within ten (10) days after the
official Planning Commission meeting at which the plat was acted upon.
In case the plat is disapproved, the subdivider shall be notified
of the reasons for such action and what requirements shall be necessary
to meet the approval of the Planning Commission. The approval of the
preliminary plat constitutes only an authorization to proceed with
the final plat.
3.
Appeal To The City Council. If the Planning Commission rejects
a preliminary plat the applicant may submit said plat to the City
Council and all records and reports relative to the plat shall be
likewise sent to the Council by the City Manager or his/her authorized
representative. The City Council may make such findings and determinations
as they deem reasonable and in the best interests of the public.
4.
Termination Of Preliminary Plat Approval. The approval of a
preliminary plat shall remain in effect for an indefinite period of
time except that the Planning Commission may, after a period of six
(6) months, and upon notice to the subdivider or current owner of
land, rescind said plat because of substantial change in the character
of the surrounding land, major changes in development policy or discovery
of flaws or oversight in the original approval.
5.
Platting Rights In Prevailing Standards. Approval of a preliminary plat shall permit the filing of a final record plat or plats in accord with its approved design, layout, lot sizes, building lines and general geometry for a period of six (6) years from the date of approval, pursuant to the standards in effect at the time of the preliminary plat approval, subsequent changes to applicable design regulations notwithstanding, provided that the Planning Commission has not rescinded the preliminary plat pursuant to Section 406.050(C,4) above. Prior to expiration of the six (6) year period or an extension thereof, the subdivider or successor may request and the Planning Commission may grant up to two (2) extensions of not more than two (2) years each for the filing of a final plat or plats under the original design standards.
D.
Final Plat. After approval of the preliminary plat and the preliminary
public works plans the subdivider may submit a final plat.
1.
Submission.
a.
Filing Fee. A filing fee as specified in the Schedule of Fees,
Title I, Appendix A shall accompany the filing of each final plat.
The final plat shall not be accepted for filing until the filing fee
therefore has been paid by the subdivider.
b.
Number Of Copies. A digital file and four (4) large and one
(1) eleven (11) inch by seventeen (17) inch paper prints shall be
submitted to the Planning Director or his/her representative at least
ten (10) days prior to a regularly scheduled Planning Commission meeting
at which the developer wishes the final plat to be considered.
c.
Size. The final plat, prepared for recording purposes, shall
be drawn at a scale of one (1) inch per one hundred (100) feet. The
sheet size shall be twenty-two (22) inches long by thirty-six (36)
inches and shall have a one and one-half (1 1/2) inch binding
edge along the left hand side. The top of the sheet shall be north.
d.
Information. The final plat shall show and contain the following
information in addition to the information contained in the preliminary
plat:
(1)
Location Map/Accuracy. Location of section, township,
range, County and State, including the descriptive boundaries of the
subdivisions. The allowable error of closure and positional accuracy
of the boundary traverse or any other portion of the final plat shall
be in accordance with current Standards for Property Boundary Surveys,
10 CSR 30-2.010, Missouri Code of State Regulations.
(2)
Monuments. The location of existing monuments or
bench marks shall be shown and described on the final plat. Location
of such monuments shall be shown in reference to existing official
monuments or the nearest established street lines, including true
angles and distances to such reference points and monuments.
(3)
Lot Lines/Streets/Radii. The location of lot lines,
streets, public highways, alleys, parks and other features, with accurate
dimensions in feet and decimals of feet with the length of radii on
all curves, and other information necessary to reproduce the plat
on the ground.
(4)
Numbering. Lots shall be numbered clearly and in
an orderly pattern within each block. Blocks shall be likewise numbered.
(5)
Streets. The exact locations, widths and names
of all streets and alleys to be dedicated.
(6)
Setbacks. Building setback lines on the front and
side streets with dimensions.
(7)
Dedication. Statement dedicating all easements,
streets, alleys and all other public areas not previously dedicated.
(8)
Supplementary Requirements.
(a)
A drainage study indicating how drainage and detention
pounding systems, if applicable, shall be accomplished without adversely
affecting neighboring properties. The report shall be prepared by
a registered professional engineer.
(b)
Two (2) copies of complete engineering plans for
all required improvements to be installed. The plans shall bear the
certificate and stamp of a registered professional engineer with Missouri
registration. In addition, a copy of all design calculations may be
required by the Planning Director. Public utility facilities shall
be shown on the final plat for reference purposes.
(9)
Certificates. The following certificates, which
may be combined where appropriate:
(a)
Ownership. A certificate signed and acknowledged
by all parties having any record, title, or other interest in the
land subdivided, and consenting to the preparation and recording of
the plat.
(b)
Dedication Of Public Use Areas. A certificate signed
and acknowledged as above dedicating or reserving all parcels of land
shown on the final plat and intended for any public or private use
including those parcels which are intended for the exclusive use of
the lot owners of the subdivision.
(c)
Surveyor. A certificate signed by the registered
land surveyor responsible for the survey and final map. The signature
of the surveyor shall be accompanied by his/her seal.
(d)
Notary. The acknowledgement of a notary public
in the following form:
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State of
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County of __________
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Be it remembered that on this _____ day of _____, 20_____, before
me, a notary public, in said County and State, came to me personally
known to be the same who executed the foregoing instrument of writing
and duly acknowledged the execution of same. In testimony whereof,
I _____ have hereunto set my seal the day and year above written.
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(Seal)
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My Commission Expires:
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(e)
Planning And Zoning Commission. The approval of
the Excelsior Springs Planning and Zoning Commission in the following
form:
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Reviewed and approved by the Excelsior Springs Planning and
Zoning Commission this _____ day of __________, 20_____.
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Signed: __________
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Chairperson
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(f)
Council. The approval of the Excelsior Springs
City Council in the following form:
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Reviewed and approved by the Excelsior Springs City Council
this _____ day of __________, 20_____.
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Signed: __________
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Attest: __________
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Mayor
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City Clerk
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(g)
Recorder. Certificate for recorder in the following
form:
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Entered on transfer record this _____ day of __________, 20_____.
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(10)
Accompanying Data. The following additional data
and documents shall be submitted with the final plat:
(a)
Title Report. A title report by an abstract or
title insurance company may be required by the City Manager or his/her
authorized representative where quality of title is in question.
(b)
Taxes. Certification that all taxes and special
assessments due and payable have been paid in full. If taxes have
been paid under protest as provided by law, monies or other sufficient
escrow guaranteeing such payment of taxes in the event the protest
is not upheld, may be placed on deposit which such officials or governing
bodies to meet this requirement.
(c)
Surveyor/Monuments. Certification of the engineer
or surveyor platting said subdivision that all permanent monuments
as required have been set.
2.
Action On The Final Plat.
a.
Hearing And Decision By Planning Commission. Within sixty (60)
days after the submission of a final plat, the Planning Commission
shall consider the plat and approve or disapprove the final plat.
Otherwise, the plat is deemed to be approved by the Planning Commission
except that the sixty (60) day period may be extended with the consent
of the applicant. The City Planning Commission shall forward the final
plat to the City Council with its recommendation. The final plat,
along with any required agreements, shall be placed on the next appropriate
City Council agenda, at the discretion of the City Manager. In the
event the plat is not approved by the City Council, the subdivider
shall be notified of the reasons for such action and what requirements
will be necessary to meet the approval of the City Council. This notice
shall be in writing and shall be sent within ten (10) days following
the meeting at which the action was taken.
E.
Lot Splits.
1.
Purpose. If a proposed subdivision of land, that is previously
platted, does not contain more than three (3) lots, each of which
have frontage on existing streets, not involving any new street or
road or the extension of municipal facilities, or the creation of
any public improvements and not adversely affecting development of
the remainder of the parcel or adjoining property and not in conflict
with any provision or portion of the Master Plan, Major Street Plan,
zoning ordinance or other provision of these regulations, the owner
may proceed with the lot split procedure thus circumventing the normal
requirements of subdividing as outlined in these regulations.
2.
Procedure. The applicant shall be required to submit an application
for lot splits on forms available in the office of the City Manager
along with the fee as required in these regulations. Such application
shall include three (3) certified survey maps for review. The City
Manager or his/her designated representative shall review the proposed
division of land for conformance with the applicable subdividing and
zoning regulations for possible effects of the proposed division on
any approved plan.
3.
Time For Review. The City Manager shall within fourteen (14)
days of the filing of the application approve, approve conditionally,
or reject the proposed lot split. The applicant shall be notified
of the action of the City Manager and copies of the map shall be returned
to the applicant.
4.
Approved Map. If approved by the City Manager, the applicant
shall submit the original document to the City Manager and it shall
be stamped "approved by the City Manager — no plat required"
and signed by the City Manager. When conditional approval is granted,
the conditions imposed shall be complied with prior to the document
being stamped and signed.
5.
Certified Survey Map. The certified survey map shall be prepared
by a registered surveyor in conformance with these regulations. In
addition it shall show all existing buildings, utilities, sanitary
sewers, drainage ditches, and other features pertinent to proper division.
6.
Recording. If approval of the lot split is granted by the City
Manager the instrument must be recorded with the appropriate County
Recorder and evidence submitted to the City of this recording before
the land may be sold as lots or building permits issued.
7.
Filing Fee. A filing fee as specified in the Schedule of Fees,
Title I, Appendix A shall accompany the filing of each lot split.
The lot split application shall not be accepted by the City Manager
until the filing fee thereof has been paid by the subdivider.
[R.O. 2012 §406.060; Ord. No. 91-4-3 §§1 — 3, 4-1-1991; Ord. No. 06-6-15, 6-26-2006; Ord. No. 22-07-01, 7-18-2022]
A.
Required Improvements. The subdivider shall install, or provide for
the installation of, the following improvements, also referred to
herein has Public Works Elements.
1.
Streets. The subdivider shall install pavement and curb and
gutter on all streets. All street paving shall be located in the center
of the right-of-way. All street construction shall conform to the
specifications of the City and compliance therewith shall be confirmed
by the Public Works Department prior to release of surety by the City
Council.
2.
Walks. Sidewalks shall be installed on at least one (1) side
of all residential streets and sidewalks shall be required on both
sides of major streets and collector's interior to the subdivision.
Guarantees that sidewalks shall be installed on each lot prior to
occupancy of the lot shall be determined and administered by the City
Manager or his/her authorized representative.
All sidewalks shall be not less than four (4) feet in width,
of Portland cement concrete and shall comply with the specifications
of the City. Sidewalks shall be located in the platted street right-of-way,
one (1) foot from the property line. Walks shall also be installed
in any pedestrian easements as may be required by the Planning Commission.
3.
Storm Drainage. The subdivider shall install culverts, storm
sewers, rip-rap slopes, stabilized ditches and other improvements
to adequately handle storm water. Detention basins may be required
where necessary to protect downstream property. All improvements shall
comply with the minimum standards of the City and shall be approved
by the Public Works Department prior to construction.
4.
Sanitary Sewers And Other Utilities. The subdivider shall be
responsible for the proper installation of all utilities including
sanitary sewers, and connection to approved treatment facilities,
and water supply approved by the Missouri Board of Health, natural
gas, electricity, and telephone services. Such utilities shall be
installed according to the specifications and minimum standards of
the controlling utility company or public agency. However, distribution
lines, power, telephone, and others must be installed underground
and all gas meters must be located within three (3) feet of the building
foundation if located within front yards in all subdivisions in which
the final plat is approved by the City Council after the passage of
this ordinance.
5.
Street Signs. The subdivider shall install street signs at all
intersections within the subdivision. Such street signs shall follow
the street names designated on the approved final plat and shall comply
with the specifications of the City.
6.
Street Trees. Street trees may be planted by the subdivider
in all streets in the subdivision. Such trees shall be planted on
both sides and not less than three (3) feet from the back of the ultimate
curb lines at intervals of from forty (40) to sixty (60) feet.
Species of trees shall not include Elm, Silver Maple, Willow
or low branching evergreen or ornamental trees. Said trees shall not
be of a shape so as to block the sign distance of vehicles. Variety
and species of street trees shall be uniform on both sides of the
street in each block, but may vary from block to block.
7.
Permanent Monuments. Permanent monuments shall be placed at
all block corners, angle points, points of curve in streets and at
intermediate points as required prior to the final acceptance of the
plat by the City. Said permanent monuments shall be three-fourth (3/4)
inch iron bars, three (3) feet long and shall be set with top of monument
flush with existing ground line.
8.
Street Lights. The subdivider shall install street lights on
all streets. All street lights shall conform to the specifications
of the City and compliance therewith shall be confirmed by the Public
Works Department prior to release of surety by the City Council.
B.
Exceptions For Existing Improvements. Where the proposed subdivision
is a re-subdivision or concerns an area presently having any or all
required improvements as previously set out, and where such improvements
must meet the requirements of these regulations and are in good condition
as determined by the engineer having jurisdiction, no further provision
need be made by the subdivider to duplicate such improvements. However,
where such existing improvements do not meet said requirements, the
subdivider shall provide for the repair, correction, or replacement
of such improvements so that all final improvements will then meet
said requirements.
[R.O. 2012 §406.070; Ord. No. 91-4-3 §§1 — 3, 4-1-1991; Ord. No. 22-07-01, 7-18-2022]
A.
General. Prior to the approval of the final plat, the subdivider
may install all required improvements in accordance with City standards
and specifications.
B.
Surety. In lieu of actual installation, the subdivider may furnish
cash or security to the City in the form of a bond, letter of credit
or other approved surety guaranteeing the installation of required
improvements. The amount of cash surety shall be for the full cost
of improvements and shall remain in effect for one (1) year from the
date of acceptance by the City. Such surety shall be properly executed
prior to any grading or construction and shall be released totally
or partially as conditions warrant upon written approval of the City
Manager.
C.
Surety Deferred — Assessment. If, in the opinion of the City
Manager, the actual construction of the required improvements ought
to be delayed in the interest of the public health, safety and welfare,
he/she may require the surety to be in a form which may be held by
the City for a period not to exceed two (2) years from the date of
final plat approval. If, for any reason, such security shall lapse
or be inadequate to secure the construction of the required improvements,
the City may take the installation at the cost of the owners of the
property within the subdivision and may assess such property by area,
front foot, or value or such combination thereof as will provide a
fair distribution of the cost per the provisions of Section 89.410(2),
RSMo.
D.
Inspection. All improvements constructed or erected shall be subject
to inspection by the Public Works Department. The cost attributable
to all inspections required by this regulation shall be charged to
and paid by the subdivider. Before any required inspections take place,
the subdivider may be required to post a deposit with such official
or such agency entrusted to keep such security for the official, to
cover the cost of such inspections. The subdivider shall give at least
eight (8) hours notification prior to beginning the work on sewer
or water lines, storm water facilities, streets or sidewalks.
E.
Inspection Procedures. After notice is received as specified in Subsection (D), the Public Works Department shall conduct as many on-site inspections as necessary to determine that the work complies with the approved engineering plans and specifications. If, in the opinion of the Public Works Department, such work does not comply with such final drawings, the Public Works Department shall have the authority to order that all such work shall be terminated until the necessary steps are taken to correct the defects or deficiencies. Upon the correction of such deficiencies or defects, the subdivider shall again notify the Public Works Department.
F.
Final Inspection. Upon completion of all improvements within the
area covered by the final plat, the subdivider shall notify the Public
Works Department who shall thereupon conduct a final inspection of
all Public Works Elements that have been installed. If such final
inspection indicates that there are any defects or deficiencies, or
if there are any deviations from the final engineering plans or specifications,
he/she shall notify the subdivider in writing and the subdivider shall,
at his/her cost, correct such defects or deviations. When such defects,
deviations or deficiencies have been corrected, the subdivider shall
notify the Public Works Department that the improvements are ready
for final reinspection.
G.
Acceptance Of Improvements. Upon the receipt by the City Council
of the certificate of the Public Works Department that all Public
Works Elements have been installed in conformance with the approved
plans and with the requirements of these regulations, and all other
applicable Statutes, ordinances and regulations, the Council shall
formally accept such improvements. If surety is being held by the
City to assure completion of Public Works Elements, such surety shall
be released to the subdivider one (1) year from the date of acceptance
provided said improvements have not failed due to substandard construction
or reconstruction practices.
[R.O. 2012 §406.080; Ord. No. 91-4-3 §§1 — 3, 4-1-1991; Ord. No. 03-12-4, 12-1-2003; Ord. No. 22-07-01, 7-18-2022]
A.
Variances. Any person seeking a variance from the strict application
of these regulations or who is aggrieved by a decision of any official
in the application of these subdivision regulations may make such
request or appeal such decision to the Board of Zoning Adjustment
("BZA"). The concurring vote of four (4) members of the Board shall
be necessary to reverse any order, requirement or decision of the
party appealed from or to issue an order or variance or to decide
in favor of an appellant. Whenever the "BZA" deems full conformance
to one (1) or more provisions of these regulations are impractical
or impossible due to the size, shape, topographic location or other
condition that is beyond the control of the subdivider, the Board
may grant one (1) or more variances from these regulations at the
time the preliminary or final plat is acted upon. Such variance shall
assure that substantial justice is done, and the long-term public
interest is secured as opposed to the mere granting of a privilege.
In recommending such variances, the "BZA" shall first make these findings:
1.
That there are special circumstances or conditions affecting
the property which are not typical of other properties in the City.
2.
That the variance is necessary for the reasonable and acceptable
development of the property.
3.
That the granting of the variance will not be detrimental to
the public welfare or injurious to other property in the vicinity.
B.
No variance shall be granted which would have the effect of amending
a final plat which has been recorded.
C.
A variance or appeal shall be decided by the "BZA" only after hearing
before the "BZA."
[R.O. 2012 §406.090; Ord. No. 91-4-3 §§1 — 3, 4-1-1991; Ord. No. 22-07-01, 7-18-2022]
A.
Permits — Unplatted Lands. After the date of the adoption of
these rules and regulations by the Planning Commission and City Council,
no building permit shall be issued for any structure that is located
upon a lot required to be subdivided by these regulations unless said
lot is in compliance with all of these regulations and any other applicable
ordinance of Excelsior Springs.
B.
Penalty. Any person violating the provisions of the subdivision regulations
is guilty of an ordinance violation and upon conviction thereof shall
be fined not less than one hundred dollars ($100.00) nor more than
five hundred dollars ($500.00), or by confinement in the County Jail
for not more than one (1) year, or by both such fine and confinement.
