City of Excelsior Springs, MO
Clay County
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Table of Contents
Table of Contents

Section 406.010 General Provisions.

[R.O. 2012 §406.010; Ord. No. 91-4-3 §§1 — 3, 4-1-1991; Ord. No. 96-3-3, 3-18-1995]
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;
shall cause a plat to be made in accordance with these regulations.
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.

Section 406.020 Administration.

[R.O. 2012 §406.020; Ord. No. 91-4-3 §§1 — 3, 4-1-1991]
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.
B. 
Duties Of The Planning Commission.
1. 
Review and approve, approve with conditions, or disapprove preliminary plats
2. 
Make other determinations and decisions as may be required of the Commission from time to time by these regulations.
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.

Section 406.030 Definitions.

[R.O. 2012 §406.030; Ord. No. 91-4-3 §§1 — 3, 4-1-1991]
Words and Terms. Words and terms as used in this Chapter are defined as follows:
ALLEY
A public way which affords only a secondary or service access to abutting property.
A.P.W.A. STANDARDS
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.
BLOCK
A piece or parcel of land entirely surrounded by public highways, streets, streams, railroad, right of way or parks, etc., or a combination thereof.
CUL-DE-SAC
A vehicular turnaround which is located at the closed end of a dead-end street.
DESIGN
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.
EASEMENT
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.
FINAL PLAT
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.
GOVERNING BODY
The Mayor and Council of Excelsior Springs.
LOT
A parcel of land, within or outside a subdivision, intended as a unit for transfer of ownership or for development, or both.
LOT SPLIT
A subdivision of land 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.
OPEN SPACE
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.
PEDESTRIAN WAY
A right of way or easement dedicated for public use by persons on foot.
PLANNING COMMISSION
The Excelsior Springs Planning Commission.
PRELIMINARY PLAT
A map made for the purpose of showing the design of a proposed subdivision and existing conditions in and around it.
PUBLIC WORKS ELEMENTS
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.
SETBACK LINE OR BUILDING LINE
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.
STREET, PUBLIC
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.
STREET, PRIVATE
A right of way, owned and maintained by one (1) or more private parties, which provides principal vehicular and pedestrian access to adjacent properties.
SUBDIVIDER
A person, firm, corporation, partnership, or association who causes the land to be divided for himself or others.
SUBDIVISION
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).

Section 406.040 Minimum Design Standards.

[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]
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 signs location, size and design shall be approved by the City Engineer. 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.
Minimum right of way width
100 ft.
Maximum gradient
7%
Minimum radii of horizontal curves
500 ft.
Minimum sight distance on vertical curves
325 ft.
b. 
Secondary major thoroughfare.
Minimum right of way width
60 ft.
Maximum gradient
7%
Minimum radii of horizontal curves
300 ft.
Minimum sight distance on vertical curves
275 ft.
c. 
Commercial or industrial street.
Minimum right of way
60 ft.
Maximum gradient
7%
Minimum radii of horizontal curves
250 ft.
Minimum sight distance on vertical curves
225 ft.
d. 
Residential collector streets.
Minimum right of way width
60 ft.
Maximum gradient
10%
Minimum radii of horizontal curves
200 ft.
Minimum sight distance on vertical curves
200 ft.
e. 
Minor residential streets.
Minimum right of way width
50 ft.
Maximum gradient
10%
Minimum radii of horizontal curves
150 ft.
Minimum sight distance on vertical curves
150 ft.
f. 
Alleys.
Minimum right of way width
20 ft.
g. 
Pedestrian way.
Minimum right of way width
10 ft.
h. 
Minimum gradient. The absolute minimum gradient on a street shall be one-half of one percent (.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 (2½) 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 (60°) to ninety (90°) degrees 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 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.

Section 406.050 Submission of Plats.

[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]
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. In the event the staff or the developer feels that a review by the City Planning Commission would be appropriate prior to the submission of a preliminary plat, the Planning Director may include the sketch plan on the next appropriate Planning Commission agenda under the general heading of Discussion Topics. No public notice nor notice to adjacent property owners shall be required for sketch plan review by the Planning Commission. There shall be no minimum time required prior to submission of the sketch plan for inclusion on a Planning Commission agenda, but the inclusion shall be at the discretion of the Planning Director, given the length of the next agenda. In no case shall a sketch plan review be held off more than two (2) consecutive regular Planning Commission agendas.
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, however, the developer shall either provide sufficient copies for distribution to the Planning Commission or the sketch shall be smaller than 11" x 17" to allow for copy by City staff.
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 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 in writing 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. 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 ½) 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:
State of
)
)
ss.
County of
)
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.
(SEAL)
My Commission Expires:
(e) 
Council. The approval of the Excelsior Springs City Council in the following form:
Reviewed and approved by the Excelsior Springs City Council this _____ day of __________, 20___.
(f) 
Recorder. Certificate for recorder in the following form:
Entered on transfer record this _____ day of __________, 20___.
(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 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 in writing 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.

Section 406.060 Improvements.

[R.O. 2012 §406.060; Ord. No. 91-4-3 §§1 — 3, 4-1-1991; Ord. No. 06-6-15, 6-26-2006]
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 City Engineer 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 collectors 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 City Engineer 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 (¾) 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 City Engineer 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.

Section 406.070 Improvement Procedures.

[R.O. 2012 §406.070; Ord. No. 91-4-3 §§1 — 3, 4-1-1991]
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 City Engineer or his/her designated representative. 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 City Engineer 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 City Engineer, such work does not comply with such final drawings, he/she 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 City Engineer.
F. 
Final Inspection. Upon completion of all improvements within the area covered by the final plat, the subdivider shall notify the City Engineer or his/her representative 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 City Engineer or his/her representative that the improvements are ready for final reinspection.
G. 
Acceptance Of Improvements. Upon the receipt by the City Council of the certificate of the City Engineer 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.

Section 406.080 Variances.

[R.O. 2012 §406.080; Ord. No. 91-4-3 §§1 — 3, 4-1-1991; Ord. No. 03-12-4, 12-1-2003]
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 is 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". Filing of the request shall be accompanied by a fee of seventy-five dollars ($75.00), copies of any covenants or deed restrictions pertaining to subject property, a list of neighboring property owners within one hundred eighty-five (185) feet of site property line and an eleven (11) inch by seventeen (17) inch site plan copy drawn to scale.

Section 406.090 Miscellaneous.

[R.O. 2012 §406.090; Ord. No. 91-4-3 §§1 — 3, 4-1-1991]
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.