[Ord. No. 526 §1.1, 5-19-1998]
These regulations shall officially be known, cited and referred
to as the Subdivision Regulations of the City of Weatherby Lake (hereinafter
"these regulations").
[Ord. No. 526 §1.2, 5-19-1998]
A.
It is
declared to be the policy of the municipality to consider the subdivision
of land and the subsequent development of the subdivided plat as subject
to the control of the municipality pursuant to the official Master
Plan of the municipality for the orderly, planned, efficient and economical
development of the municipality.
B.
Land
to be subdivided shall be of such character that it can be used safely
for building purposes without danger to health or peril from fire,
flood or other menace and land shall not be subdivided until adequate
public facilities and improvements exist and proper provision has
been made for drainage, erosion control, water, sewerage and capital
improvements such as parks, recreational facilities and improvements.
C.
The existing
and proposed public improvements shall conform to and be properly
related to the proposals shown in the Master Plan, Official Map, Major
Street Plan and the capital budget and program of the municipality
and it is intended that these regulations shall supplement and facilitate
the enforcement of the provisions and standards contained in Building
and Housing Codes, zoning ordinances, the Master Plan, Official Map
and land use plan and the capital budget and program of the municipality.
[Ord. No. 526 §1.3, 5-19-1998]
A.
These
regulations are adopted for the following purposes:
1.
To protect
and provide for the public health, safety and general welfare of the
municipality.
2.
To guide
the future growth and development of the municipality in accordance
with the Master Plan.
3.
To provide
for adequate light, air and privacy, to secure safety from fire, flood
and other danger and to prevent overcrowding of the land and undue
congestion of population.
4.
To protect
the character and the social and economic stability of all parts of
the municipality and to encourage the orderly and beneficial development
of the community through appropriate growth management techniques
assuring the timing and sequencing of development, promotion of infill
development in existing neighborhoods, to assure proper urban form
and open space separation of urban areas, to protect environmentally
critical areas and areas premature for urban development.
5.
To protect
and conserve the value of land throughout the municipality and the
value of buildings and improvements upon the land and to minimize
the conflicts among the uses of land and buildings.
6.
To guide
public and private policy and action in order to provide adequate
and efficient transportation, water, sewerage, parks, playgrounds,
recreation and other public requirements and facilities.
7.
To provide
the most beneficial relationship between the uses of land and buildings
and the circulation of traffic throughout the municipality, having
particular regard to the avoidance of congestion in the streets and
highways and the pedestrian traffic movements appropriate to the various
uses of land and buildings and to provide for the proper location
and width of streets and building lines.
8.
To establish
reasonable standards of design and procedures for subdivisions and
resubdivisions in order to further the orderly layout and use of land
and to ensure proper legal descriptions and monumenting of subdivided
land.
9.
To ensure
that public facilities and services are available concurrent with
development and will have a sufficient capacity to serve the proposed
subdivision and that the community will be required to bear no more
than its fair share of the cost of providing the facilities and services
through requiring the developer to pay fees, furnish land or establish
mitigation measures to ensure that the development provides its fair
share of capital facilities needs generated by the development.
10.
To
prevent the pollution of air, streams, lakes and ponds; to assure
the adequacy of drainage facilities; to safeguard the water table
and to encourage the wise use and management of natural resources
throughout the municipality in order to preserve the integrity, stability
and beauty of the community and the value of the land.
11.
To
preserve the natural beauty and topography of the municipality and
to ensure appropriate development with regard to these natural features.
12.
To
provide for open spaces through the most efficient design and layout
of the land.
13.
To
remedy the problems associated with inappropriately subdivided lands,
including premature subdivision, excess subdivision, partial or incomplete
subdivision, scatter and low-grade subdivision.
[Ord. No. 526 §1.4, 5-19-1998]
The Planning Commission of the City of Weatherby Lake (hereinafter
"Planning Commission") is vested with the authority to review, approve,
conditionally approve and disapprove applications for the subdivision
of land, including sketch, preliminary and final plats.
[Ord. No. 526 §1.5, 5-19-1998]
A.
These regulations apply to all subdivision of land, as defined in Section 410.150(B), located within the corporate limits of the municipality or outside the corporate limits as provided by law.
B.
No land
may be subdivided through the use of any legal description other than
with reference to a plat approved by the Planning Commission in accordance
with these regulations.
C.
No land described in Section 100.220 shall be subdivided or sold, leased, transferred or developed until each of the following conditions has occurred in accordance with these regulations:
1.
The
subdivider or his/her agent has submitted a conforming sketch plat
of the subdivision to the Planning Commission; and
2.
The
subdivider or his/her agent has obtained approval of the sketch plat,
a preliminary plat when required and a final plat from the Planning
Commission or the City; and
3.
The
subdivider or his/her agent files the approved plats with the Clerk
and Recorder for Platte County.
D.
No building
permit or certificate of occupancy shall be issued for any parcel
or plat of land created by subdivision after the effective date of,
and not in substantial conformity with, the provisions of these subdivision
regulations and no excavation of land or construction of any public
or private improvements shall take place or be commenced except in
conformity with these regulations.
[Ord. No. 526 §1.5.5, 5-19-1998]
All land annexed by the City of Weatherby Lake is deemed to
be single-family residences. Any future development of annexed land
shall be consistent with the Zoning Code of the City of Weatherby
Lake, these subdivision regulations and the ordinances of the City.
[Ord. No. 526 §1.6, 5-19-1998]
In order that land may be subdivided in accordance with these
purposes and policies, these subdivision regulations are hereby adopted
and made effective as of May 19, 1998. All applications for subdivision
approval, including final plats, pending on the effective date of
these regulations shall be reviewed under these regulations except
that these regulations will not apply if preliminary plat approval
was obtained prior to the effective date of these regulations and
the subdivider has constructed subdivision improvements prior to submission
of the final plat as required by the municipality unless the Planning
Commission determines on the record that application of these regulations
is necessary to avoid a substantial risk of injury to public health,
safety and general welfare.
[Ord. No. 526 §1.7, 5-19-1998]
A.
Interpretation. In the interpretation and application, the
provisions of these regulations shall be held to be the minimum requirements
for the promotion of the public health, safety and general welfare.
These regulations shall be construed broadly to promote the purposes
for which they are adopted.
B.
Public Provisions. These regulations are not intended to
interfere with, abrogate or annul any other ordinance, rule or regulation,
Statute or other provision of law except as provided in these regulations.
Where any provision of these regulations imposes restrictions different
from those imposed by any other provision of these regulations or
any other ordinance, rule or regulation or other provision of law,
the provision which is more restrictive or imposes higher standards
shall control.
C.
Private Provisions. These regulations are not intended to
abrogate any easement, covenant or any other private agreement or
restriction provided that where the provisions of these regulations
are more restrictive or impose higher standards or regulations than
such easement, covenant or other private agreement or restriction,
the requirements of these regulations shall govern. Where the provisions
of the easement, covenant or private agreement or restriction impose
duties and obligations more restrictive or standards that are higher
than the requirements of these regulations or the determinations of
the Planning Commission or the Board of Alderpersons in approving
a subdivision or in enforcing these regulations and the private provisions
are not inconsistent with these regulations or the determinations
made under these regulations, then the private provisions shall be
operative and supplemental to these regulations and the determinations
made under the regulations.
D.
Separability. If any part or provision of these regulations
or the application of these regulations to any person or circumstances
is adjudged invalid by any court of competent jurisdiction, the judgment
shall be confined in its operation to the part, provision or application
directly involved in the controversy in which the judgment shall be
rendered and it shall not affect or impair the validity of the remainder
of these regulations or the application of them to other persons or
circumstances. The Board of Alderpersons hereby declares that it would
have enacted the remainder of these regulations even without any such
part, provision or application which is judged to be invalid.
[Ord. No. 526 §1.8, 5-19-1998]
These regulations shall not be construed as abating any action
now pending under or by virtue of prior existing subdivision regulations,
or as discontinuing, abating, modifying or altering any penalty accruing
or about to accrue or as affecting the liability of any person, firm
or corporation, or as waiving any right of the municipality under
any Section or provision existing at the time of adoption of these
regulations, or as vacating or annulling any rights obtained by any
person, firm or corporation by lawful action of the municipality except
as shall be expressly provided for in these regulations.
[Ord. No. 526 §1.9, 5-19-1998]
Upon the adoption of these regulations according to law, the
subdivision regulations of the City of Weatherby Lake adopted July,
1973, as amended, are hereby repealed, except as to those Sections
expressly retained in these regulations.
[Ord. No. 526 §1.10, 5-19-1998]
For the purpose of protecting the public health, safety and
general welfare, the Planning Commission may from time to time propose
amendments to these regulations which shall then be approved or disapproved
by the Board of Alderpersons at a public meeting following public
notice.
[Ord. No. 526 §1.11, 5-19-1998]
Regulation of the subdivision of land and the attachment of
reasonable conditions to land subdivision is an exercise of valid
Police power delegated by the State to this municipality. The developer
has the duty of compliance with reasonable conditions laid down by
the Planning Commission for design, dedication, improvement and restrictive
use of the land to conform to the physical and economic development
of the municipality and to the health, safety and general welfare
of the future lot owners in the subdivision and of the community at
large.
[Ord. No. 526 §1.12, 5-19-1998]
A.
General. Where the Planning Commission finds that extraordinary
hardships or practical difficulties may result from strict compliance
with these regulations and/or the purposes of these regulations may
be served to a greater extent by an alternative proposal, it may approve
variances, exceptions and waiver of conditions to these subdivision
regulations so that substantial justice may be done and the public
interest secured, provided that the variance, exception or waiver
conditions shall not have the effect of nullifying the intent and
purpose of these regulations; and further provided the Planning Commission
shall not approve variances, exceptions and waiver of conditions unless
it shall make findings based upon the evidence presented to it in
each specific case that:
1.
The
granting of the variance, exception or waiver of conditions will not
be detrimental to the public safety, health or welfare or injurious
to other property;
2.
The
conditions upon which the request is based are unique to the property
for which the relief is sought and are not applicable generally to
other property;
3.
Because
of the particular physical surroundings, shape or topographical conditions
of the specific property involved, a particular hardship to the owner
would result, as distinguished from a mere inconvenience, if the strict
letter of these regulations is carried out;
4.
The
relief sought will not in any manner vary the provisions of the Zoning
Ordinance, Master Plan or Official Map, except that those documents
may be amended in the manner prescribed by law.
B.
Conditions. In approving variances, exceptions or waivers of conditions, the Planning Commission may require such conditions as will, in its judgment, secure substantially the purposes described in Section 410.030.
C.
Procedures. A petition for a variance, exception or waiver
of conditions shall be submitted in writing by the subdivider at the
time when the preliminary plat is filed for the consideration of the
Planning Commission. The petition shall state fully the grounds for
the application and all of the facts relied upon by the petitioner.
[Ord. No. 526 §1.13, 5-19-1998]
A.
General.
1.
It shall
be the duty of the Zoning Enforcement Officer to enforce these requirements
and to bring to the attention of the municipal Prosecuting Attorney
or his/her designated agent any violations of these regulations.
2.
No owner
or agent of the owner of any parcel of the land located in a proposed
subdivision shall transfer or sell any part of the parcel before a
final plat of the subdivision has been approved by the Planning Commission
in accordance with the provisions of the regulations and filed with
the Clerk and Recorder of Platte County.
3.
The
subdivision of any lot or any parcel of land by the use of metes and
bounds description for the purpose of sale, transfer, lease or development
is prohibited.
4.
No building
permit shall be issued for the construction of any building or structure
located on a lot or plat subdivided or sold in violation of the provisions
of these regulations, nor shall the municipality have any obligation
to issue certificates of occupancy or to extend utility services to
any parcel created in violation of these regulations.
B.
Violations And Penalties. Any person who violates any of
these regulations shall be subject to a fine of not more than five
hundred dollars ($500.00) for each and every day that such violation
shall continue or imprisonment for a term not exceeding ninety (90)
days, or by both such fine and imprisonment.
C.
Civil Enforcement. Appropriate actions and proceedings may
be taken in a law or in equity to prevent any violation of these regulations,
to prevent unlawful construction, to recover damages, to restrain,
correct or abate a violation and to prevent illegal occupancy of a
building structure or premises. These remedies shall be in addition
to the penalties described above.
