[Ord. No. 526 §3.1, 5-19-1998]
A.
Classification Of Subdivisions. Before any land is subdivided,
the owner of the property proposed to be subdivided or his/her authorized
agent shall apply for and secure approval of the proposed subdivision
in accordance with the following procedures, which include two (2)
principal steps for a minor subdivision and three (3) principal steps
for a major subdivision:
B.
Official Submission Dates. For the purpose of these regulations,
for both major and minor subdivisions, the date of the meeting of
the Planning Commission at which the public meeting or hearing on
approval of a sketch, preliminary or final subdivision plat, including
any adjourned date thereof, is closed shall constitute the Official
Submission Date of the plat on which the statutory period required
for formal approval, conditional approval or disapproval of the sketch,
preliminary or final subdivision plat shall commence to run.
[Ord. No. 526 §3.2, 5-19-1998]
A.
Classification. The Zoning Enforcement Officer may classify
an application as a minor subdivision if it meets the definition set
forth in this Chapter for minor subdivisions. The applicant shall
schedule an appointment and meet with the Zoning Enforcement Officer
for a determination of this issue prior to submission.
B.
General Process. If the subdivision is classified by the Zoning Enforcement Officer as a minor subdivision, then the applicant may submit a final plat in accordance with the application process of Section 410.210 Final Subdivision Plat.
C.
Notice And Hearing. Public notice shall be given as required
for major subdivision and the Planning Commission shall approve or
disapprove the minor subdivision plat within sixty (60) days.
D.
Board Of Alderpersons Action. In the event of approval,
then the recommendation shall be forwarded to the Board of Alderpersons
for their approval by ordinance. In the event the minor subdivision
plat is disapproved, then a two-thirds (⅔) vote of the entire
membership of the Board of Alderpersons may overrule the Planning
Commission.
E.
Public Improvements. The Zoning Enforcement Officer, the
Planning Commission or Board of Alderpersons may require such assurance
as may be appropriate to insure the completion of public improvements
which may include the necessity of posting all required securities
to insure their completion.
F.
Lot Combination. This process may be used when an applicant
is combining two (2) tracts of land owned by the applicant and which
may not now constitute fifteen thousand (15,000) square feet.
G.
Ownership Assurance. The applicant shall provide with the
final plat and his/her application an ownership and encumbrance certificate
showing his/her ownership in the land to constitute the minor subdivision.
H.
One Minor Subdivision. No more than one (1) minor subdivision
may be permitted for each presently undeveloped tract in the City.
[Ord. No. 526 §3.3, 5-19-1998]
A.
Discussion Of Requirements. Before preparing the sketch
plat for a subdivision, the applicant shall schedule an appointment
and meet with the Zoning Enforcement Officer to discuss the procedure
for approval of a subdivision plat and the requirements as to general
layout of streets and for reservations of land, street improvements,
drainage, sewerage, fire protection and similar matters, as well as
the availability of existing services. The Zoning Enforcement Officer
shall also advise the applicant, when appropriate, to discuss the
proposed subdivision with those officials who must eventually approve
those aspects of the subdivision plat coming within their jurisdiction.
B.
Application Procedure And Requirements. Prior to subdividing
land and after meeting with the Zoning Enforcement Officer, the owner
of the land or his/her authorized agent shall file an application
for approval of a sketch plat with the Planning Commission. The application
shall:
1.
Be made
on forms available at the office of the Zoning Enforcement Officer;
2.
Include
all contiguous holdings of the owner including land in "common ownership",
as defined in these regulations, with an indication of the portion
which is proposed to be subdivided, accompanied by an affidavit of
ownership, which shall include the dates the respective holdings of
land were acquired, together with the book and page where each conveyance
to the present owner is recorded in the Clerk and Recorder's office.
The affidavit shall advise as to the legal owner of the property,
the contract owner of the property, the date the contract of sale
was executed and, if any corporations are involved, a complete list
of all directors, officers and stockholders of each corporation owning
more than five percent (5%) of any class of stock;
3.
Be accompanied
by minimum of seven (7) copies of the sketch plat as described in
these regulations and complying in all respects with these regulations;
4.
Be presented
to the Zoning Enforcement Officer in duplicate;
5.
Be accompanied
by a fee of ten dollars ($10.00) per lot or two hundred dollars ($200.00),
whichever is greater;
6.
The
application shall include an address and telephone number of an agent
located within the territory of the City who shall be authorized to
receive all notices required by these regulations.
C.
Classification And Approval Procedure. The Zoning Enforcement
Officer shall determine whether the sketch plat constitutes a minor
or major subdivision and notify the applicant of the classification
within five (5) days from the date that the sketch plat is submitted
to the Zoning Enforcement Officer.
1.
Minor subdivision. If the sketch plat constitutes a minor subdivision, the Zoning Enforcement Officer shall place the matter on the next available regular meeting agenda of the Planning Commission for formal approval, disapproval or conditional approval of the sketch plat following a public hearing. The Commission shall provide notice and hold a public hearing on the sketch plat in the same manner required for preliminary plats in Section 410.190(3). The Planning Commission shall approve, conditionally approve or disapprove the sketch plat within sixty (60) days from the official submission date. Subsequent to an approval or conditional approval by the Planning Commission, the applicant may proceed directly to the filing of an application for approval of a final subdivision plat as provided in these regulations. If the sketch plat of a minor subdivision is disapproved by the Planning Commission, the applicant may appeal to the Planning Commission as provided in Section 410.230. The applicant shall have one (1) year from the date that the sketch plat is approved by the Planning Commission (or City upon appeal) to submit a final subdivision plat, after which time a new sketch plat must be submitted for approval.
2.
Major subdivision.
a.
Notice to proceed. If the sketch plat constitutes a major
subdivision, the Zoning Enforcement Officer shall issue a notice to
proceed only if the sketch plat complies with all applicable laws
governing the subdivision of land. The notice to proceed shall include,
as appropriate, recommended changes in the sketch plat to be incorporated
into the preliminary plat to assist the applicant in obtaining preliminary
plat approval from the Planning Commission. If the Zoning Enforcement
Officer determines that the sketch plat does not comply with all applicable
laws governing the subdivision of land and the applicant refuses to
modify the sketch plat, the Zoning Enforcement Officer shall issue
a notice of non-compliance. The Zoning Enforcement Officer shall issue
either the notice to proceed or the notice of non-compliance not later
than ten (10) days after the date on which the sketch plat was submitted
to the Zoning Enforcement Officer. After receipt of a notice to proceed,
the applicant must first file an application for approval of a preliminary
plat, as provided in these regulations, before filing for final subdivision
plat approval.
b.
Referral of sketch plat. If the Zoning Enforcement Officer
issues a notice to proceed, the Plans Review Committee shall transmit
the sketch plat for review to appropriate officials or agencies of
the City, adjoining counties or municipalities, school and special
districts and other official bodies as it deems necessary or as mandated
by law, including any review required by metropolitan, regional or
State bodies under applicable State or Federal law. The Zoning Enforcement
Officer shall request that all officials and agencies to whom a request
for review has been made submit their report to the Zoning Enforcement
Officerwithin ten (10) days after receipt of the request. The Zoning
Enforcement Officer will consider all the reports submitted by the
officials and agencies concerning the sketch plat and shall submit
a report to the Planning Commission upon the applicant's submission
of a preliminary plat.
[Ord. No. 526 §3.4, 5-19-1998]
A.
No sooner
than thirty (30) days and no later than one hundred twenty (120) days
after the date of the notice to proceed, the applicant may apply for
preliminary plat approval. If the applicant fails to apply for preliminary
plat approval within the one hundred twenty (120) day period, a new
sketch plat must be submitted.
1.
Application procedure and requirements. Based on the notice
to proceed, the applicant shall file in duplicate with the Zoning
Enforcement Officer an application for approval of a preliminary plat
if it elects to proceed. The preliminary plat shall conform substantially
with the sketch plat submitted by the applicant and which formed the
basis for the notice to proceed. The application shall:
a.
Be
made on forms available at the office of the Zoning Enforcement Officer
to the Planning Commission together with a fee of fifteen dollars
($15.00) per lot or five hundred dollars ($500.00), whichever is greater.
b.
Include
all land which the applicant proposes to subdivide and all immediately
adjacent extending one hundred eighty-five (185) feet from the subject
property or of that directly opposite the subject property, extend
one hundred eighty-five (185) feet of the tract proposed to be subdivided.
The Secretary to the Planning Commission shall give notice of public
hearing before the Planning Commission of the proposed subdivision
which shall be published at least fifteen (15) days prior to public
hearing in a newspaper of general circulation in the County. In addition,
the Secretary to the Planning Commission shall send notice of the
public hearing by certified mail to all persons listed by the applicant
as owning property within one hundred eighty-five (185) feet from
the boundary line of the proposed subdivision. The Secretary to the
Planning Commission shall also send notice to all government entities
including special road districts, fire districts, school districts,
water districts, sewer districts and ambulance districts by certified
mail which accompanies all or a portion of the proposed major subdivision.
The Secretary shall notify, by certified mail, the Platte County Health
Department and any incorporated municipality with the City boundary
line within one and one-half (1½) miles of the proposed subdivision.
All certified mail notices shall be mailed at least fifteen (15) days
prior to the date of public hearing.
In addition to the published and mailed notifications described
in the preceding paragraph, the City Clerk shall furnish the applicant
with distinctive signs giving notice of the public hearing, The applicant
shall post the signs in a conspicuous place visible from every street
along the frontage on the subject property. The sign shall remain
posted on the property until after the public hearing.
c.
Be
accompanied by a minimum of ten (10) copies of the preliminary plat
as described in these regulations.
d.
Be
accompanied by a minimum of three (3) copies of construction plans
as described in these regulations.
e.
Comply
in all respects with the sketch plat.
f.
Be
presented to the Zoning Enforcement Officer to the Planning Commission
at least four (4) weeks prior to a regular meeting of the Commission.
2.
Staff and other public entity review. As promptly as practical
after the filing of the application, the City Clerk shall send a copy
of the proposed subdivision and solicit staff comments from the following:
a.
The
Fire Department serving the City.
b.
The
City's Police Chief.
c.
The
Public Works Director.
d.
Weatherby
Lake Fire Protection District.
e.
Weatherby
Lake Improvement Company.
f.
Park
Hill School District.
g.
Any
additional staff or political subdivision or other entity deemed by
the Zoning Enforcement Officer to have a significant interest in the
subdivision application.
3.
Public hearing. Upon receipt of a formal application for
preliminary plat approval and all accompanying material, the Zoning
Enforcement Officer to the Planning Commission shall call a public
hearing for the next scheduled meeting of the Planning Commission
to be held at least four (4) weeks after the date of the application.
The Zoning Enforcement Officer shall submit a notice for publication
in one (1) newspaper of general circulation to be published at least
fifteen (15) days prior to the public hearing and mail notices to
all property owners as required by ordinance and shall maintain file
copies of the plat and construction plans when appropriate for public
review prior to the hearing. The Zoning Enforcement Officer to the
Planning Commission shall furnish four (4) posters to the applicant
to be posted by the applicant on the four (4) closest public roads
in visible locations surrounding the proposed subdivision property
at least ten (10) days prior to the public hearing. At the time of
the public hearing, the applicant shall submit an affidavit stating
that the applicant has placed four (4) posters provided to him/her
by the Zoning Enforcement Officer to the Planning Commission of the
four (4) closest public roads in visible locations surrounding the
proposed subdivision property.
4.
Preliminary approval. After the Planning Commission has reviewed the preliminary plat and construction plans, the report of the Zoning Enforcement Officer, any municipal recommendations and testimony and exhibits submitted at the public hearing, the applicant shall be advised of any required changes and/or additions. The Commission shall approve, conditionally approve or disapprove the preliminary plat within sixty (60) days from the official submission date. One (1) copy of the proposed preliminary plat shall be returned to the developer with the date of approval, conditional approval or disapproval and the reasons therefore accompanying the plat. Before the Commission approves a preliminary plat showing park reservation or land for government, the Commission shall obtain approval of the park or land reservation from the Board of Alderpersons. If the Planning Commission disapproves the proposed subdivision, the applicant may execute an appeal in the manner prescribed in Section 410.230.
5.
Standards for approval of preliminary plats. No preliminary
plat of a proposed subdivision shall be approved by the Planning Commission
unless the applicant proves by clear and convincing evidence that:
a.
Lot size. No subdivision plat shall be approved which contains
a lot which is less than fifteen thousand (15,000) square feet.
b.
Setback. The preliminary plat shall clearly identify that the setback requirements of Section 405.120 are identified.
(1)
Yards. All front yards shall have a maximum depth
of one-third (⅓) of the depth of the lot with a minimum depth
of fifty (50) feet. The rear yard shall have a minimum depth of forth
(40) feet. Side yards shall have a minimum width of ten (10) feet.
In addition, there shall be a minimum width of twenty (20) feet at
the closest point between principal residential structures constructed
on adjoining lots. On corner lots, a side yard on the street side
of the corner lot shall have a minimum depth of twenty-five (25) feet.
(2)
Consistent with other residences. In addition to the requirements set forth in Subsection (5)(b)(1), the front yard setback lines for all newly constructed residences shall be in conformity with the setback lines for residences located on adjacent adjoining properties, if the subject properties meet the current setback requirements.
c.
Water. The plat or other documentation submitted with the
plat will identify the quantity, dependability and quality to provide
an appropriate supply of water from the City's water system for the
type of subdivision proposed.
d.
Sewerage and drainage. The preliminary subdivision plat
or other information submitted with the plat will identify adequate
provision for connecting to the City's public sewage system and that
such system will comply with all Federal and State laws as well as
the ordinances of the City. Applicant shall also include a preliminary
plan of proposed stormwater conveyance system for conceptual approval.
Final plans shall be submitted for approval prior to preliminary plat
approval.
e.
Erosion control. The preliminary plat and other information submitted with the preliminary plat will identify the applicant's plan for compliance with erosion control ordinances and policies as set forth in the City's Code at Section 500.060 as erosion control ordinances and policies now exist or may hereafter exist.
(1)
Disturbance of natural vegetation. No person shall
remove or destroy the natural vegetation on the surface of more than
one hundred fifty (150) contiguous square feet of land, unless it
is done in such manner or provisions are made so that, in the event
of precipitation and natural drainage, soil from the land does not
wash, either directly or indirectly, upon private property without
the owner's consent or upon a sidewalk, street, alley, boulevard,
parkway, park, drainage easement or other public property in such
a way that it causes or contributes to a build up or accumulation
of soil, mud or similar materials. Each day on which any violation
of this Section continues shall constitute a separate violation.
(2)
Preventing erosion. No owner, occupant or managing
agent of any land shall cause or permit the natural vegetation on
more than one hundred fifty (150) square feet of the surface of such
land to be removed or destroyed, unless it is done in such a manner
or provisions are made so that, in the event of precipitation and
natural drainage, soil from the land does not wash, either directly
or indirectly, upon private property without the owner's consent or
upon a sidewalk, street, alley, boulevard, parkway, park, drainage
easement or other public property in such a way that it causes or
contributes to a build up or accumulation of dirt, mud or similar
materials. Each day on which any violation of this Section continues
shall constitute a separate violation. Consideration of any preliminary
subdivision plans by the Planning Commission will include consideration
of the City's unique character as a lake community and the potential
for damage from erosion. Realty within a subdivision application which
is within the drainage area of the lake will be specifically identified
by the applicant and the applicant may be required to provide adequate
topography information as determined by the City to identify the potential
for erosion damage to the lake.
f.
Identification and classification of streets. The preliminary
plat shall identify and classify all streets within the area in accordance
with current APWA standard specifications and the applicant will,
if required by the City, demonstrate that all streets serving the
subdivision are adequately classified and improved to meet any required
additional traffic generated by the subdivision. Any specific off-premise
locations having an increased safety risk due to increased traffic
from the subdivision will be identified.
g.
Topography. All areas of the proposed subdivision which
may involve soil or topographical conditions presenting hazards or
requiring special precautions have been identified by the subdivider
and that the proposed uses of these areas are compatible with such
conditions.
h.
Financial assurances. The subdivider may be required to
provide financial statements or other financial evidence to the City
to demonstrate their ability to complete the proposed subdivision
in accordance with all applicable Federal, State and local laws and
regulations.
i.
Applicable laws. The subdivider has the financial ability
to complete the proposed subdivision in accordance with all applicable
Federal, State and local laws and regulations.
j.
Undeveloped land. The proposed subdivision will not result
in the scattered subdivision of land that leaves undeveloped parcels
of land lacking urban services between developed parcels.
k.
Safety and welfare. The subdivider has taken every effort
to mitigate the impact of the proposed subdivision on public health,
safety and welfare.
The Planning Commission is authorized to disapprove the preliminary plat even though the land proposed for subdivision is zoned for the use to which the proposed subdivision will be put and the proposed use is consistent with the Master Plan. In the event there is an inconsistency between these provisions and the provisions of Article IV, then the standard that is most strict as determined by the City shall be applied.
6.
Procedure on approval. A preliminary plat when approved
by the Planning Commission shall be forwarded to the City Board of
Alderpersons. The recommendation of the Planning Commission may be
approved by the City by ordinance passed and the preliminary plat
endorsed as provided in Section 89.440, RSMo. In the event the Planning
Commission shall recommend the disapproval of the plat, the City Board
of Alderpersons may overrule that approval by two-thirds (⅔)
vote of the elected members of the Council.
7.
Public improvements. The Planning Commission may require that all public improvements be installed and dedicated prior to the signing of the final subdivision plat by the Chairman of the Planning Commission. If the Planning Commission does not require that all public improvements be installed and dedicated prior to signing of the final subdivision plat by the Chairman of the Planning Commission, the Planning Commission shall require that the applicant execute a subdivision improvement agreement and provide security for the agreement as provided in Section 410.250(B). The Planning Commission shall require the applicant to indicate on the plat all roads and public improvements to be dedicated, all special districts for water, fire and utility improvements which shall be required to be established or extended and any other special requirements deemed necessary by the Planning Commission in order to conform the subdivision plat to the Official Map and the Master Plan of the City.
8.
Effective period of preliminary plat approval. The approval
of a preliminary plat shall be effective for a period of one (1) year
from the date that the preliminary plat is approved by the Planning
Commission or the City, at the end of which time the applicant must
have submitted a final subdivision plat for approval. If a subdivision
plat is not submitted for final approval within the one (1) year period,
the preliminary approval shall be null and void and the applicant
shall be required to submit a new plat for sketch plat review subject
to the then existing zoning restrictions and subdivision regulations.
9.
Zoning and subdivision regulations. Every preliminary plat
shall conform to existing zoning regulations and subdivision regulations
applicable at the time that the proposed preliminary is submitted
for the approval of the Planning Commission unless the Planning Commission
or City has taken official action toward amending the applicable zoning
and subdivision regulations and the applicant has reason to know of
that action.
[Ord. No. 526 §3.5, 5-19-1998]
At any time after preliminary plat approval and before submission of a final plat, the applicant may request of the Zoning Enforcement Officer that an amendment be made in the approval or conditional approval of the preliminary plat. Under regulations established by the Planning Commission, the Zoning Enforcement Officer may agree to proposed amendments that are deemed to be minor. If the proposed amendment is major, the Planning Commission shall hold a public hearing on the proposed major amendment in accordance with the same requirements for preliminary plat approval found in Section 410.170(B). Any public hearing on a proposed major amendment shall be limited to whether the proposed major amendment should or should not be approved. The Commission shall approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of preliminary plat approval reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed major amendment under the terms and conditions required by the Commission, the applicant may withdraw the proposed major amendment. A major amendment shall include, but is not limited to, any amendment that results in or has the effect of decreasing open space in the subdivision by ten percent (10%) or more or increasing density in the subdivision by ten percent (10%) or more shall be a major amendment. An applicant may not propose more than two (2) amendments — whether major or minor — to any preliminary plat. The Commission shall render a decision on the proposed major amendment within thirty (30) days after the meeting at which the public hearing was held, including any adjourned session, was closed.
[Ord. No. 526 §3.6, 5-19-1998]
A.
Application Procedure And Requirements. Following the approval
of the sketch plat in the case of a minor subdivision or of the preliminary
plat in the case of a major subdivision, the applicant, if he/she
wishes to proceed with the subdivision, shall file with the Planning
Commission an application for final approval of a subdivision plat.
The application shall:
1.
Be made
on forms available at the office of the Zoning Enforcement Officer
to the Planning Commission, together with a fee of twelve dollars
($12.00) for reproduction of plans.
2.
Include
the entire subdivision or section thereof which derives access from
an existing State, County or City highway.
3.
Be accompanied
by a minimum of ten (10) copies of the subdivision plat and the construction
plans, as described in these regulations.
4.
Comply
in all respects with the sketch plat or preliminary plat as approved,
whichever is applicable, depending upon the classification of the
subdivision.
5.
Be presented to the Zoning Enforcement Officer at least four (4) weeks prior to a regular meeting of the Commission in order that a public meeting may be scheduled and the required fifteen (15) days' public notice and personal notice to the owners listed in Subsection (A)(8) of this Section may be given. The notice shall advise the public that the final plat and all conforming documents have been received by the Planning Commission and may be reviewed by members of the public who may then submit written comments to the Commission concerning whether final approval should be granted. The notice shall include a deadline for receipt of comments and shall include the date of the public meeting at which final plat approval will be considered.
6.
Be accompanied
by all formal irrevocable offers of dedication to the public of all
streets, City uses, utilities, parks and easements in a form approved
by the City Attorney; and the subdivision plat shall be marked with
a notation indicating the formal offers of dedication as follows:
|
The owner or his/her representative hereby irrevocably offers
for dedication to the City all the streets, City uses, easements,
parks and required utilities showing on the subdivision plat and construction
plans in accordance with an irrevocable offer of dedication dated
_______________ and recorded in the Clerk and Recorder's office for
Platte County.
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By _____________________
(Owner or Representative)
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|---|---|---|
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Date _____________________
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The applicant shall deliver a full covenant and warranty deed
to all dedicated lands and improvements in proper form for recording,
together with a title policy for the City in the sum not less than
ten thousand dollars ($10,000.00), which sum shall be determined by
the City Attorney before signing of the final subdivision plat. The
City reserves the right to require a Phase I environmental report
and to require the applicant to remove any environmental concerns.
The City shall not be deemed to have accepted the street or other
public improvement until it has passed an ordinance of acceptance.
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7.
Be accompanied
by the subdivision improvement agreement and security, if required,
in a form satisfactory to the City Attorney and in an amount established
by the Planning Commission upon recommendation of the City Engineer
and shall include a provision that the subdivider shall comply with
all the terms of the resolution of final subdivision plat approval
as determined by the Planning Commission and shall include, but not
be limited to, the performance of all required subdivision and off-site
improvements and that all improvements and land included in the irrevocable
offer of dedication shall be dedicated to the City free and clear
of all liens and encumbrances on the premises.
8.
Be accompanied
by stamped No. 10 envelopes addressed to each owner of property immediately
adjacent extending one hundred eighty five (185) feet from the subject
property or of that directly opposite the subject property extending
one hundred eighty-five (185) feet from the street frontage of the
opposite property owners as are correct within the knowledge of the
applicant as shown on the latest tax assessment roll along with printed
notices that those property owners may review the final plat documents
and submit written comments to the Planning Commission on whether
the final approval should be granted.
9.
Be accompanied
by an inspection fee in an amount to be determined on the basis of
the provisions of these regulations and the City ordinances and Code
of Weatherby Lake. The applicant shall pay one hundred fifty dollars
($150.00) for each street sign shown in the construction plans, which
street signs shall be installed by the City prior to final acceptance
of subdivision.
B.
Health Authorities. When required by law or by the ordinances
of the City, the applicant shall obtain approval from the County Health
Department with respect to sewer, water and other facilities.
C.
Notice Of Public Meeting. Upon receipt of formal application
and all accompanying material, the Zoning Enforcement Officer to the
Planning Commission shall call a public meeting for the next scheduled
meeting of the Planning Commission to be held at least four (4) weeks
after the date of the application. The Zoning Enforcement Officer
shall submit a notice for publication in one (1) newspaper of general
circulation to be published at least fifteen (15) days prior to the
public meeting and mail notices to all property owners, as specified
herein, and shall maintain file copies of the plat and construction
plans for public review prior to the meeting. The Zoning Enforcement
Officer shall furnish four (4) posters to the applicant to be posted
by the applicant on the four (4) closest public roads in visible locations
surrounding the proposed subdivision property at least ten (10) days
prior to the public meeting. All notices shall advise that the final
plat for the subdivision and related documents are on file with the
Planning Commission and may be reviewed by members of the public who
may then submit written comment on whether final plat approval should
be granted. The notices shall include a deadline for receipt of comments
and shall include the date, time and place of the public meeting at
which final plat approval will be considered.
D.
Public Meeting And Determination. At the public meeting,
the applicant shall furnish an affidavit as to placement of posters
as required by this Section. After the public meeting, the Planning
Commission shall, within sixty (60) days from the official submission
date for the final subdivision plat, approve or disapprove the subdivision
application by resolution which shall set forth in detail any reasons
for disapproval. One (1) copy of the final subdivision plat shall
be returned to the applicant with the date of approval or disapproval
noted on the plat and, if the plat is disapproved, the reasons for
disapproval accompanying the plat.
E.
The recommendation
of the Planning Commission with regard to the final plat shall be
forwarded to the City Board of Alderpersons and upon approval by ordinance
the City shall be endorsed as provided by Section 89.440, RSMo. In
the event of disapproval of the final plat, then the disapproval,
together with the reasons for, shall be forwarded to the City Board
of Alderpersons. A two-thirds (2/3) vote of the membership of the
Board of Alderpersons may overrule the Planning Commission recommendation.
F.
Submission And Review. Subsequent to the resolution of the
Planning Commission, three (3) paper copies of the construction plans
and one (1) copy of the original of the subdivision plat on tracing
cloth and/or reproduction mylar and two (2) copies of the subdivision
plant on sepia paper and two (2) copies of the subdivision plat on
paper shall be submitted to the Zoning Enforcement Officer for final
review. A check payable to the County Clerk and Recorder in the amount
of the current filing fee shall be provided. No final approval shall
be endorsed on the plat until a review has indicated that all requirements
of the resolution have been met.
[Ord. No. 526 §3.7, 5-19-1998]
A.
Effect Of Approval. Except as otherwise provided in this Section 410.220, no vested rights shall accrue to the owner or developer of any subdivision by reason of preliminary or final plat approval until the actual signing of the final plat by the Chairman of the Planning Commission.
B.
Effect Of Recordation. Except as otherwise provided in this Section 410.220, no vested rights shall accrue to the owner or developer of any subdivision in by virtue of the recordation of a final plat.
C.
Applicable Laws. To obtain final plat approval, the applicant
shall be in compliance with all Federal and State laws applicable
at the time that the final plat is considered for approval by the
Planning Commission. The applicant also shall be in compliance with
all local laws and regulations applicable at the time that the preliminary
plat was submitted to the Planning Commission (or, if a minor subdivision,
at the time the sketch plat was submitted to the Zoning Enforcement
Officer), except that the applicant shall comply with those local
laws and regulations in effect at the time that the final plat is
considered for approval by the Commission if the Planning Commission
makes a determination on the record that compliance with any of those
local laws and regulations is reasonably necessary to protect public
health and safety. If the Planning Commission required the applicant
to complete public improvements in the subdivision prior to final
plat approval and the improvements have, in fact, been completed,
the applicant may be required to comply with local laws and regulations
in effect at the time that the final plat is considered for approval
only if the Planning Commission makes a finding on the record that
such compliance is necessary to prevent a substantial risk of injury
to public health, safety and general welfare.
D.
Development Agreements. The municipality may, but under
no circumstances is it required to, enter into a development agreement:
1.
General. The development agreement shall constitute a binding
contract between the subdivider of the proposed subdivision and the
municipality (the "parties") and shall contain those terms and conditions
agreed to by the parties and those required by this Chapter. The City
Attorney or designee is authorized to negotiate development agreements
on behalf of the municipality.
2.
Covenants. Any covenant by the municipality contained in
the development agreement to refrain from exercising any legislative,
quasi-legislative, quasi-judicial or other discretionary power, including
rezoning or the adoption of any rule or regulation that would affect
the proposed subdivision, shall be limited to a period of five (5)
years. The covenant shall also contain a provision that the municipality
may, without incurring any liability, engage in action that otherwise
would constitute a breach of the covenant if it makes a determination
on the record that the action is necessary to avoid a substantial
risk of injury to public health, safety and general welfare. The covenant
shall contain the additional provision that the municipality may,
without incurring any liability, engage in action that otherwise would
constitute a breach of the covenant if the action is required by Federal
or State law.
3.
Third party rights. Except as otherwise expressly provided
in the development agreement, the development agreement shall create
no rights enforceable by any party who/which is not a party to the
development agreement.
4.
Limitation on liability. The development agreement shall
contain a clause that any breach of the development agreement by the
municipality shall give rise only to damages under State contract
law and shall not give rise to any liability for violation of the
Fifth and Fourteenth Amendments of the U.S. Constitution or similar
State constitutional provisions.
5.
Developer's compliance. The development agreement shall
include a clause that the government's duties under the agreement
are expressly conditioned upon the subdivider's substantial compliance
with each and every term, condition, provision and covenant of the
agreement, all applicable Federal, State and local laws and regulations
and its obligations under the subdivision improvement agreement.
6.
Adoption. The development agreement shall be adopted by
the City body pursuant to applicable State and local laws and shall
be recorded in the Clerk and Recorder's office of Platte County.
7.
Incorporation as matter of law. All clauses, covenants and
provisions required by these regulations to be included in a development
agreement shall be incorporated into the development agreement as
a matter of law without respect to the intent of the parties.
[Ord. No. 526 §3.8, 5-19-1998]
A.
Signing Of Plat.
1.
When
a subdivision improvement agreement and security are required, the
Chairman of the Planning Commission and the Zoning Enforcement Officer
to the Planning Commission shall endorse approval on the final plat
after the agreement and security have been approved by the Planning
Commission and all the conditions of the resolution pertaining to
the final plat have been satisfied.
2.
When
installation of improvements is required prior to recordation of the
final plat, the Chairman of the Planning Commission and Zoning Enforcement
Officer shall endorse approval on the final plat after all conditions
of the resolution have been satisfied and all improvements satisfactorily
completed. There shall be written evidence that the required public
facilities have been installed in a manner satisfactory to the City
as shown by a certificate signed by the City Engineer and City Attorney
stating that the necessary dedication of public lands and improvement
has been accomplished.
B.
Recordation Of Plat.
1.
The
Chairman and Zoning Enforcement Officer will sign the tracing cloth
or reproducible mylar original of the final subdivision plat and two
(2) sepia prints of the final subdivision plat. The sepia prints will
be returned to the applicant's engineer.
2.
It shall
be the responsibility of the Zoning Enforcement Officer to the Planning
Commission to file the final plat with the County Clerk and Recorder's
office within ten (10) days of the date of signature. Simultaneously
with the filing of the final plat, the Zoning Enforcement Officer
shall record the agreement of dedication together with such legal
documents as shall be required to be recorded by the City Attorney.
C.
Sectionalizing Major Subdivision Plats. Prior to granting
final approval of a major subdivision plat, the Planning Commission
may permit the plat to be divided into two (2) or more sections and
may impose such conditions upon the filing of the sections as it may
deem necessary to assure the orderly development of the plat. The
Planning Commission may require that the subdivision improvement agreement
and security be in such amount as is commensurate with the section
or sections of the plat to be filed and may defer the remaining amount
of the security until the remaining sections of the plat are offered
for filing. The developer may also file irrevocable offers to dedicate
streets and public improvements in the sections offered to be filed
and defer filing offers of dedication for the remaining sections until
those sections, subject to any conditions imposed by the Planning
Commission, shall be granted concurrently with final approval of the
plat. If sectionalizing is approved, the entire approved subdivision
plat including all sections shall be filed within ninety (90) days
after the date of final approval with the City Clerk's office and
such sections as have been authorized by the Planning Commission shall
be filed with the County Clerk and Recorder's office. Such sections
must contain at least ten percent (10%) of the total number of lots
contained in the approved plat. The approval of all remaining sections
not filed with the Clerk and Recorder's office shall automatically
expire unless such section shave been approved for filing by the Planning
Commission, all fees paid, all instruments and offers of dedication
submitted and subdivision improvement agreements, security and performance
bonds, if any, approved and actually filed with the Clerk and Recorder's
office within three (3) years of the date of final subdivision approval
of the subdivision plat.
D.
Appeals To City. The applicant for subdivision approval
may appeal the disapproval of any sketch, preliminary or final subdivision
plat by the Planning Commission by filing a notice of appeal with
the City, with a copy to the Planning Commission, no later that ten
(10) days after the date on which the Planning Commission notifies
the applicant that it has disapproved the sketch, preliminary or final
subdivision plat. The notice of appeal shall set forth in clear and
concise fashion the basis for the appeal. The appeal shall be considered
at the next regularly scheduled public meeting of the City, at which
time it may affirm or reverse the decision of the Planning Commission.
The City may reverse the decision of the Planning Commission only
by a two-thirds (⅔) majority vote of the members of the Board
of Alderpersons. On appeal, the applicant shall be allowed to make
a presentation to the City under such terms, conditions and procedures
as established by the City. The City shall render a decision affirming
or reversing the Planning Commission no later that sixty (60) days
after the date on which the notice of appeal is filed. If the City
reverses the Planning Commission, the applicant may proceed to submit
a preliminary or final plat as is appropriate under the conditions
for approval agreed to by the City.
[Ord. No. 526 §3.9, 5-19-1998]
If the municipality suspends final plat approval for any subdivision plat under these regulations, it shall record a document with the Clerk and Recorder's office for Platte County declaring that final approval for the subdivision is suspended and that the further sale, lease or development of property within the subdivision is prohibited except that this prohibition shall not apply to person or parties who have acquired property from the subdivider unless the person or party acquiring property meets the definition of "common ownership" in Section 410.150. If any court of competent jurisdiction invalidates final plat approval for any subdivision, the municipality shall record a document with the Clerk and Recorder's office for Platte County declaring that the final plat for the subdivision is no longer valid and that further subdivision activity is prohibited.
