[R.O. 1994 § 410.200; Ord. No.
94-8 Sub. Reg. Art. 6 § 1, 5-10-1994]
A.
Prior to the filing of the preliminary plat, the subdivider shall
contact the Zoning Administrator to determine:
1.
Procedure for filing plats.
2.
Availability of City sewer and water.
3.
Comprehensive Plan requirements for improvements such as major
streets, land use, parks, schools and public open spaces.
4.
Zoning requirements for the property in question and adjacent
properties.
5.
Special setback requirements for arterial, collector and local
streets.
[R.O. 1994 § 410.210; Ord. No.
94-8 Sub. Reg. Art. 6 § 2, 5-10-1994]
A.
After reaching the preliminary conclusions regarding the requirements
for the proposed subdivision, the subdivider may submit a preliminary
plat together with any supplementary information necessary to the
Zoning Administrator.
1.
Submission Of A Preliminary Plat.
a.
Filing Fee. A filing fee of one hundred dollars ($100.00) plus
two dollars ($2.00) for each lot shall accompany the filing of each
preliminary plat, but the maximum filing fee shall not exceed one
hundred fifty dollars ($150.00). The preliminary plat shall not be
accepted for filing until the filing fee therefore has been paid by
the subdivider.
b.
Number Of Copies. This subdivider shall submit ten (10) copies
of the preliminary plat and of a vicinity map (if not on the preliminary
plat) showing the location of the proposed subdivision. These plats
shall be filed with the Zoning Administrator at least fourteen (14)
days prior to a regular meeting of the Planning Commission at which
the preliminary plat is to be considered.
c.
The subdivider shall submit a certificate proving ownership
of the entire tract to be platted.
d.
The subdivider shall submit proof that the proposed plat has
been reviewed by all affected utility companies or agencies along
with any comments from these companies or agencies.
e.
A preliminary grading and drainage plan, including location
and size of all storm sewers, existing and proposed land elevations
and contours and necessary widths of all open drainageways shall be
submitted to the City Engineer. These plans are not intended to be
detailed suitable for construction.
f.
Preliminary plats shall contain:
(1)
The proposed name of the subdivision. (The name
shall not duplicate or too closely resemble the name or names of an
existing subdivision.)
(2)
The location of the boundary lines of the subdivision
and reference to the section or quarter section lines.
(3)
The names and addresses of the developer, owner
and the engineer or land surveyor who prepared the plat.
(4)
Scale of the plat, one (1) inch equals one hundred
(100) feet or larger.
(5)
Date of preparation and north point.
(6)
Existing conditions.
(a)
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 or adjacent
to the proposed subdivision.
(b)
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)
Names of adjacent subdivisions together with arrangement
of streets and lots and owners of adjacent parcels of unsubdivided
land.
(d)
Topography (unless specifically waived) with contour
intervals of not more than two (2) feet, referred to USGS datum; where
the ground is too flat for contours, spot elevations shall be provided.
(e)
Location of watercourses, bridges, wooded areas,
lakes, ravines and such other features as may be pertinent to the
subdivision.
(f)
Current zoning classification.
(7)
The general arrangements of lots and their approximate
size.
(8)
Location and width of proposed streets, alleys
and pedestrian ways and easements to accommodate drainage.
(9)
The general plan of sewage disposal, water supply
and drainage.
(10)
Location and size of proposed parks, playgrounds,
churches, school sites or other special uses of land to be considered
for reservation or dedication for public use.
(11)
General layout of adjacent property within two
hundred (200) feet to show how streets and other public facilities
in the proposed subdivision relate to the adjacent property.
(12)
Approximate gradient of streets.
2.
Preliminary Plat Action. The Planning and Zoning Commission
shall recommend to approve, conditionally approve or disapprove the
preliminary plat within thirty (30) days of submission of the plat.
Action by the Planning and Zoning Commission shall be conveyed to
the subdivider in writing. In case the plat is recommended to be disapproved
by the Planning and Zoning Commission, the subdivider shall be notified
of the reason for such action and what requirements shall be recommended
to meet the approval of the Board of Aldermen. The Board of Aldermen
shall consider the Planning and Zoning Commission's recommendation
and approve, conditionally approve or disapprove the plat within thirty
(30) days of the meeting of the Planning and Zoning Commission. The
approval of the preliminary plat does not constitute an acceptance
of the subdivision but is deemed to be an authorization to proceed
with the preparation of the final plat.
3.
Effective Date. The approval of the preliminary plat shall be
effective for two (2) years.
[R.O. 1994 § 410.220; Ord. No.
94-8 Sub. Reg. Art. 6 § 3, 5-10-1994]
A.
Submission.
1.
After approval of the preliminary plat, the subdivider may submit
a final plat. The Zoning Administrator may accept simultaneous subdivision
of the preliminary and final plats.
2.
The original (on mylar, tracing cloth or similar material) and
the number of prints required by the Planning and Zoning Commission
shall be submitted to the City at least fourteen (14) days prior to
the Planning and Zoning Commission public meeting at which the plat
will be considered.
3.
The names and signatures of the owner or owners of the property,
duly acknowledged and notarized, shall appear on the original copies
submitted.
4.
The final plat, prepared for recording purposes, shall be drawn
at a scale of at least one (1) inch equals one hundred (100) feet.
The size of the sheet on which such final plat is prepared shall be
thirty-six (36) inches by twenty-two (22) inches. Where the proposed
plat is of unusual size, the final plat shall be submitted on two
(2) or more sheets of the same dimensions. If two (2) or more sheets
are required, an index map of the same dimensions shall be filed showing
the entire development at a smaller scale. The dimensions indicated
are standard for all final plats and compliance is mandatory. Title,
description and other written data shall be located either right or
left.
5.
The final plat shall be reviewed for accuracy by the City Engineer
prior to submission to the Governing Body.
B.
Information. The final plat shall show and contain the following
information:
1.
Name of subdivision (not to duplicate or too closely resemble
the name of any existing subdivision).
2.
Location of Section, Township, Range, County and State, including
the descriptive boundaries of the subdivision based on an accurate
traverse, giving angular and linear dimensions which must be mathematically
correct. The allowable error of closing on any portion of the plat
shall be one (1) foot in five thousand (5,000).
3.
The location of existing monuments or bench marks shall be shown
and described on the final plat. Location of such monument shall be
shown in reference to existing official monuments or the nearest established
street lines, including the true angles and distances to such reference
points or monuments.
4.
The location of lots; alley, street and highway rights-of-way;
parks and other features with accurate dimensions in feet and decimals
of feet with the length of radii and of arcs along with the intersection
angle (delta) on all curves and all other information necessary to
reproduce the plat on the ground. Dimensions shall be shown from all
angle points of curve on lot lines.
5.
Lots shall be numbered clearly. Blocks shall be numbered or
lettered clearly in the center of the block.
6.
The exact locations, widths and names of all streets and alleys
to be dedicated.
7.
Boundary lines and description of the boundary lines of any
area other than streets and alleys which are to be dedicated or reserved
for public use.
8.
Building setback lines on the front and side streets with dimensions.
9.
Name, signature and seal of the registered land surveyor preparing
the plat.
10.
Scale of the plat (scale to be shown graphically and in feet
per plat scale inch), date of preparation and north point, including
basis for North.
11.
Statement dedicating all easements, streets, alleys and all
other public areas not previously dedicated.
12.
The following certificates, which may be combined where appropriate:
a.
A certificate signed and acknowledged by all parties having
any record, title or interest in the land subdivided and consenting
to the preparation and recording of said subdivision map.
b.
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 easements and those parcels
which are intended for the exclusive use of the lot owners of the
subdivision, their licensees, visitors, tenants and servants.
c.
The acknowledgement of a notary in the following form:
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State of
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SS
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County of
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)
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Be it remembered that on this _____ day of __________, 20_____,
before me, a notary public in and for said County and State, came
__________ __________ to me personally known to be the same person
who executed the foregoing instrument of writing and duly acknowledged
the execution of same. In testimony whereof, I have hereunto set may
hand and affixed my notarial seal the day and year above written.
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(SEAL)
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Notary Public
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My Commission Expires:
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d.
The certificate of the Planning and Zoning Commission in the
following form:
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This plat of _____________________________________ addition
has been submitted to and approved by the Lake Ozark Planning and
Zoning Commission this _______ day of __________, 20____.
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Chair
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Secretary
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e.
The acceptance of easements and rights-of-way by the Board of
Aldermen in the following form:
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These easements and rights-of-way accepted by the Board of Aldermen
of Lake Ozark, Missouri, this _______ day of __________, 20____.
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(SEAL)
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Mayor
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ATTEST:
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City Clerk
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f.
A blank space for noting entry on the transfer record in the
following form:
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Entered on transfer record this_______ day of __________, 20____.
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Deputy
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County Recorder of Deeds
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C.
Supplemental Information To Be Submitted With Final Plat. The following
additional data shall be submitted with the final plat:
1.
A title report by an abstract or a title insurance company or
an attorney's opinion of title, showing the name of the owner of the
land and all other persons who have an interest in or an encumbrance
on the plat. The consent of all such persons shall be shown on the
plat.
2.
A certificate showing that all taxes and special assessments
due and payable have been paid in full; or if such taxes have been
protested as provided by law, monies or other sufficient escrows guaranteeing
such payment of taxes in the event the protest is not upheld may be
placed on the deposit with such officials or governing bodies to meet
this requirement.
3.
A copy of any deed restrictions applicable to the subdivision.
D.
Final Plat Action. Within thirty (30) days after the submission of
a final plat, the Planning and Zoning Commission shall approve, conditionally
approve or disapprove the final plat. After approval by the Planning
Commission, the Governing Body shall either accept or reject the dedication
of land for public purposes within thirty (30) days after the first
meeting of the Governing Body after the plat was submitted to the
City Clerk. The action of the Planning and Zoning Commission and the
Governing Body shall be conveyed to the subdivider in writing within
ten (10) days of the meeting of the Governing Body at which the plat
was considered. If the final plat is disapproved, the subdivider shall
be notified of the reasons for such disapproval.
No owner, or agent of the owner, of any land located within
the platting jurisdiction of the City, knowingly or with intent to
defraud, may transfer, sell, agree to sell, or negotiate to sell that
land by reference to or by other use of a plat of any purported subdivision
of the land before the plat has been approved by the Board of Aldermen
or Planning and Zoning Commission and recorded in the office of the
appropriate county recorder unless the owner or agent shall disclose,
in writing, that such plat has not been approved by such Board of
Aldermen or Planning and Zoning Commission and the sale is contingent
upon the approval of such plat by such Board of Aldermen or Planning
and Zoning Commission. Any person violating the provisions of this
Section shall forfeit and pay to the City a penalty not to exceed
three hundred dollars ($300.00) for each lot transferred or sold or
agreed or negotiated to be sold; and the description by metes and
bounds in the instrument of transfer or other document used in the
process of selling or transferring shall not exempt the transaction
from this penalty. The City may enjoin or vacate the transfer or sale
or agreement by legal action, and may recover the penalty in such
action. (Section 89.450, RSMo.)
