Editor's Note — Ord. no. 918 §1, adopted May 1, 2008,
repealed ch. 400 "planning" sections 400.010 — 400.200. Former
sections 400.010 — 400.200 derived from CC 1984 §§23.010
— 23.200; ord. no. 389 §§1 — 19, 5-6-1974; ord.
no. 420, 6-13-1977; ord. no. 716 §1, 9-13-1999; ord. no. 853
§1, 1-10-2006.
[Ord. No. 918 §2, 5-1-2008]
For the purposes of the Chapter, the following terms mean or
include:
The chief legislative body of the City of New Haven.
The division of a parcel of land into two (2) or more lots
or other divisions of land; it includes resubdivision and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
[Ord. No. 918 §2, 5-1-2008]
The Board of Aldermen of the City of New Haven shall adopt,
amend and carry out a City Comprehensive Plan and appoint a Planning
Commission with the powers and duties herein set forth.
[Ord. No. 918 §2, 5-1-2008]
A.
The Planning
Commission of the City of New Haven shall consist of no more than
thirteen (13) members, including the Mayor if the Mayor chooses to
be a member, a member of the Board of Aldermen selected by the Board
annually at its first (1st) organizational meeting, if the Board chooses
to have a member serve on the Commission, and eleven (11) citizens
appointed by the Mayor and approved by the Board. All citizen members
of the Commission shall serve without compensation.
B.
The term
of each of the citizen members shall be for four (4) years, except
that the terms of the citizen members first (1st) appointed shall
be for varying periods so that the succeeding terms will be staggered.
Any vacancy in a membership shall be filled for the unexpired term
by appointment as aforesaid. The Board of Aldermen may remove any
citizen member for cause stated in writing and after public hearing.
[Ord. No. 918 §2, 5-1-2008]
The Commission shall elect a Chairman, Vice Chairman and Secretary
from among the citizen members. The term of Chairman, Vice Chairman
and Secretary shall be for one (1) year with eligibility for re-election.
The Commission shall hold regular meetings and special meetings as
they provide by rule and shall adopt rules for the transaction of
business and keep a record of its proceedings. These records shall
be public records. A quorum of members must be present to conduct
business. A vote will be taken on majority of members present at a
meeting. The Commission shall appoint the employees and staff necessary
for its work and may contract with City planners and other professional
persons for the services that it requires. The expenditures of the
Commission, exclusive of grants and gifts, shall be within the amounts
appropriated for the purpose by the Board of Aldermen. The Vice Chairman
shall serve in the capacity of the Chairman when the Chairman is absent.
[Ord. No. 918 §2, 5-1-2008]
A.
The Commission
shall make and adopt a City Comprehensive Plan for the physical development
of the City of New Haven. The City Comprehensive Plan, with the accompanying
maps, plats, charts and descriptive and explanatory matter, shall
show the Commission's recommendations for the physical development
and uses of land and may include, among other things, the general
location, character and extent of streets and other public ways, grounds,
places and spaces; the general location and extent of public utilities
and terminals, whether publicly or privately owned, the acceptance,
widening, removal, extension, relocation, narrowing, vacation, abandonment
or change of use of any of the foregoing; the general character, extent
and layout of the replanning of blighted districts and slum areas.
B.
The Commission
shall also prepare a zoning plan for the regulation of the height,
area, bulk, location and use of private, non-profit and public structures
and premises and of population density.
[Ord. No. 918 §2, 5-1-2008]
In the preparation of the City Comprehensive Plan, the Commission
shall make careful and comprehensive surveys and studies of the existing
conditions and probable future growth of the municipality which will
in accordance with existing and future needs best promote the general
welfare as well as efficiency and economy in the process of development.
[Ord. No. 918 §2, 5-1-2008]
A.
The Commission
may adopt the plan as a whole by a single resolution or, as the work
of making the whole City plan progresses, from time to time adopt
a part or parts thereof, any part to correspond generally with one
(1) or more of the functional subdivisions of the subject matter of
the plan.
B.
Before
the adoption, amendment or extension of the plan or portion thereof,
the Commission shall hold at least one (1) public hearing thereon.
Fifteen (15) days' notice of the time and place of such hearing shall
be published in at least one (1) newspaper having general circulation
within the City of New Haven. The hearing may be adjourned from time
to time. The adoption of the plan requires a majority vote of the
full membership of the Planning Commission. The resolution shall refer
expressly to the maps, descriptive matter and other matters intended
by the Commission to form the whole part of the plan and the action
taken shall be recorded on the adopted plan or part thereof by the
identifying signature of the Secretary of the Commission and filed
in the office of the Commission, identified properly by file number,
and a copy of the plan or part thereof shall be certified to the Board
of Aldermen and the municipal Clerk, and a copy shall be filed in
the office of the Franklin County Recorder of Deeds.
[Ord. No. 918 §2, 5-1-2008]
All public officials shall, upon request, furnish to the Commission
within a reasonable time all available information it requires for
its work. The Commission, its members and employees in the performance
of its functions may enter upon any land to make examinations and
surveys. In general, the Commission shall have the power necessary
to enable it to perform its functions and promote municipal planning.
[Ord. No. 918 §2, 5-1-2008]
A.
Whenever
the Commission adopts the Comprehensive Plan of the City of New Haven
or any department thereof, no street or other public facilities or
no public utility, whether publicly or privately owned, and the location,
extent and character thereof having been included in the recommendations
and proposals of the plan or portions thereof shall be constructed
or authorized in the municipality until the location, extent and character
thereof has been submitted to and approved by the Planning Commission.
B.
In case
of disapproval, the Commission shall communicate its reasons to the
Board of Aldermen, and the Board by vote of not less than two-thirds
(2/3) of its entire membership may overrule the disapproval and, upon
the overruling, the Board or the appropriate board or officer may
proceed, except that if the public facility or utility is one the
authorization or financing of which does not fall within the province
of the Board, then the submission to the Planning Commission shall
be by the Board having jurisdiction, and the Planning Commission's
disapproval may be overruled by the Board by a vote of not less than
two-thirds (2/3) of its entire membership. The acceptance, widening,
removal, extension, relocation, narrowing, vacation, abandonment,
change of use, acquisition of land for sale or lease of any street
or other public facility is subject to similar submission and approval,
and the failure to approve may be similarly overruled.
C.
The failure
of the Commission to act within sixty (60) days after the date of
official submission to it shall be deemed approval.
[Ord. No. 918 §2, 5-1-2008]
The Commission shall have and perform all the functions of the
Zoning Commission provided for in Chapter 89, RSMo., and shall have
and perform all of the functions of a Planning Commission as outlined
in said Chapter.
[Ord. No. 918 §2, 5-1-2008]
After the Planning Commission of the City of New Haven adopts
a City Comprehensive Plan which includes at least a major street plan
or progresses in its City planning to the making and adoption of a
major street plan and files a certified copy of the major street plan
in the office of the Recorder of Deeds of Franklin County, then no
plat of a subdivision of land lying within the municipality shall
be filed or recorded until it has been submitted to and a report and
recommendation thereon made by the Commission to the Board of Aldermen
and the Board has approved the plat as provided by law.
[Ord. No. 918 §2, 5-1-2008]
Before adoption of any subdivision regulations or any amendment
thereof by the Board of Aldermen, a duly advertised public hearing
thereof may be held by the Board.
[Ord. No. 918 §2, 5-1-2008]
Within sixty (60) days after submission of a subdivision plat
to the Commission, the Commission shall approve or disapprove the
plat; otherwise the plat is deemed approved by the Commission, except
that the Commission, with the consent of the applicant for the approval,
may extend the sixty (60) day period. The ground of disapproval of
any plat by the Commission shall be made a matter of record.
[Ord. No. 918 §2, 5-1-2008]
The approval of a plat by the Commission does not constitute
nor affect an acceptance by the municipality or public of the dedication
to public use of any street or other ground shown upon the plat.
[Ord. No. 918 §2, 5-1-2008]
No owner or agent of the owner of any land located within the
planning jurisdiction of the City of New Haven, 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 Commission and recorded in the
office of the Franklin County Recorder of Deeds. Any person violating
the provisions of this Section shall forfeit and pay to the municipality
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. Said penalty shall be set by the Board
of Aldermen. The City of New Haven may enjoin or vacate the transfer
or sale or agreement by legal action and may recover the penalty in
such action.
[Ord. No. 918 §2, 5-1-2008]
Upon adoption of a major street plan and subdivision regulations,
the City of New Haven shall not accept, lay out, open, improve, grade,
pave or light any street, lay or authorize the laying of water mains,
sewers, connections or other utilities in any street within the municipality
unless the street has received the legal status of a public street
prior to the adoption of a major street plan; or unless the street
corresponds in its location and lines with a street shown on a subdivision
plat approved by the Board of Aldermen or the Planning Commission
or on a street plan made by and adopted by the Commission. The Board
of Aldermen may locate and construct or may accept any other street
if the ordinance or other measure for the location and construction
or for the acceptance is first submitted to the Commission for its
approval and approved by the Commission or, if disapproved by the
Commission, is passed by the affirmative vote of not less than two-thirds
(2/3) of the entire membership of the Board.
[Ord. No. 918 §2, 5-1-2008]
After the adoption of a major street plan, no building permit
shall be issued for and no building shall be erected on any lot within
the territorial jurisdiction of the Commission unless the street giving
access to the lot upon which the building is proposed to be placed
conforms to the requirements above described.
[Ord. No. 918 §2, 5-1-2008]
Whenever a major street plan has been adopted, the Board of
Aldermen upon recommendation of the Planning Commission is authorized
and empowered to establish, regulate and amend by ordinance building
or setback lines on major streets and to prohibit any new building
being located within building or setback lines. When a major street
plan or other public improvements has been adopted, the Board of Aldermen
may prohibit any new building being located within the proposed site
or right-of-way unless the centerline of the proposed street or the
limits of the proposed sites have been carefully determined and are
accurately delineated on maps approved by the Planning Commission
and adopted by the Board.
[Ord. No. 918 §2, 5-1-2008]
Any person violating the provisions of this Chapter shall be
guilty of a misdemeanor and upon conviction thereof shall be fined
not less than fifty dollars ($50.00) nor more than five hundred dollars
($500.00) or be confined in the County Jail for not more than one
(1) year or punished by both such fine and confinement.
