Buckner City Zoning Code
ARTICLE VIII
Unified Development Code
Section 400.500 General Requirements.
[Ord. No. 1053, 9-2-2021]
The following general requirements apply to all applications under this Development Code:
A.
Authority To File Applications. Any application for development review or approval under this Unified Development Code shall be filed by the person having legal authority to take action in accordance with the approval sought. That person is presumed to be the record owner, purchaser under a sale from the record owner, or the duly authorized agent of the record owner in the absence of satisfactory proof to the contrary. The City shall be authorized to require proof of legal authority to take the action sought. The Planning and Zoning Commission or the Board of Aldermen may initiate any action under this Unified Development Code with or without an application from the property owner.
B.
Applications. Applications required under this Chapter shall be submitted on forms provided by the Zoning Officer responsible for accepting the application and in such numbers as required by the City. Applications shall be accompanied by a fee established by the Board of Aldermen to defray the costs of processing applications. Applications shall be reviewed for completeness. If the Zoning Officer determines that the application is complete, the application shall then be processed. If the Zoning Officer determines that it is incomplete, the Zoning Officer shall, within five (5) days, notify the applicant of the specific ways in that the application is deficient.
C.
Fees. Any application that does not include required information or that is not accompanied by the required fee shall be returned to the applicant as incomplete and no further processing of the application shall occur until the deficiencies are corrected. Fees shall not be required with applications initiated by the Planning and Zoning Commission, Board of Aldermen or City department heads. The Board of Aldermen may adopt a fee schedule, which is hereby incorporated by reference as if fully stated in the City of Buckner Municipal Code.
D.
Application Processing Cycles. The Zoning Officer, after consulting with the Planning and Zoning Commission and Board of Aldermen, may from time to time promulgate a processing cycle for each type of application. Processing cycles may include:
1.
Dates of regular meetings of review bodies and decision-makers;
2.
Deadlines for receipt of a complete application for consideration of such application at a particular meeting;
3.
The scheduling of staff review and staff reports on complete applications;
4.
All required steps in the application process (including public hearings, decision meetings and review by other bodies); and
5.
The publication of required notices of public hearings.
E.
Constructive Notice. Minor technical deviations from stated notice requirements shall not be deemed to impair notice where there is actual notice of the time, date and place of the public hearing. When written notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action. In all cases, requirements for the timing of notices and for specifying the time, date and place of public meetings shall be strictly construed. Where there is a question raised regarding the adequacy of notice, the body hearing the matter may make a formal finding at the public hearing about whether there was substantial compliance with the notice requirements of this Chapter.
F.
Action By Commission And/Or Board As The Case May Be. Decision-makers may take any action on an application that is consistent with any notice given, including, but not limited to, approving the application with modifications or denying the application. The decision-making body may impose conditions on the application or allow amendments to the application if the effect of the conditions or amendments is to allow a less intensive use or zoning district than indicated in the application or to reduce the impact of the development or to reduce the amount of land area included in the application. Decision-makers may not approve a greater density of development, a more intensive use, or a more intensive zoning district than was indicated in the notice.
G.
Inaction By Commission Or Board. When a review body fails to take action on an application within the time required, such inaction shall be deemed a recommendation for denial of the application unless otherwise provided by law, or unless the applicant requests or agrees to an extension of the time frame. When a decision-maker fails to take action on an application, such inaction shall be deemed a denial of the application, unless the applicant requests or agrees to an extension of the time frame.
H.
Continuation Of Public Hearings. A public hearing that proper notice was given may be continued to a later date without again complying with the notice requirements of this Chapter, provided that the continuance is set for a date and time certain and the date and time is announced at the original public hearing.
I.
Written Findings. Unless otherwise specifically required by this Unified Development Code or by other applicable laws, written findings are not required for a final decision on any application. However, any decision may be expressly made subject to the subsequent adoption of written findings and, if expressly made subject to written findings, the decision shall not be final until the findings are adopted. Where an appeal of any quasi-judicial decision has been filed in the Circuit Court of Jackson County in cases where written findings have not been adopted, written findings shall be adopted by the approving authority within forty-five (45) days of service of the appeal on the City and thereafter shall be certified to the Circuit Court as part of the administrative record. The forty-five-day time period for adoption and certification of findings may be extended with the permission of the Circuit Court.
J.
Conditional Approvals. In the consideration of any application authorized by this Unified Development Code, the recommending and the approving authority may stipulate that the recommendation or approval, as the case may be, is subject to compliance with certain specified conditions, including, but not limited to, limitations on permitted uses, time of performance requirements, limitation on hours of operation, and provision of services and/or facilities, to ensure that adequate public service and facilities are available to meet the need for such services and facilities generated by the development proposed by the application under consideration.
K.
Criteria For Considering Applications. In considering any application for rezoning, conditional use permit, or preliminary development plan, the Commission and the Board of Aldermen may give consideration to the criteria stated below to the extent they are pertinent to the particular application. The Commission and Board of Aldermen may also consider other factors that may be relevant to a particular application.
1.
The character of the neighborhood.
2.
The existing and any proposed zoning and uses of adjacent properties, and the extent to which the proposed use is compatible with the adjacent zoning and uses.
3.
The extent to which the proposed use facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
4.
The suitability of the property for the uses to which it has been restricted under the applicable zoning district regulations.
5.
The length of time, if any, the property has remained vacant as zoned.
6.
The extent to which the proposed use will negatively affect the aesthetics of the property and neighboring property.
7.
The extent to which the proposed use will seriously injure the appropriate use of, or detrimentally affect, neighboring property.
8.
The extent to which the proposed use will adversely affect the capacity or safety of the portions of the street network impacted by the use or present paring problems in the vicinity of the property.
9.
The extent to which the proposed use will create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm.
10.
The extent to which the proposed use will negatively affect the values of the property or neighboring properties.
11.
The extent to which there is a need for the use in the community.
12.
The economic impact of the proposed use on the community.
13.
The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to this Unified Development Code.
14.
The extent to which public facilities and services are available and adequate to meet the demand for facilities and services generated by the proposed use.
15.
The gain, if any, to the public health, safety and welfare due to approval of the application as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.
16.
The conformance of the proposed use to the Comprehensive Plan, the major street plan, the capital improvements plan and other adopted planning policies.
17.
The recommendation of professional staff.
18.
The consistency of the proposed use with the permitted uses and the uses subject to conditions in the district in which the proposed rezoning or conditional use is located.
L.
Submission Of Technical Studies.
1.
Technical Studies Required By Zoning Officer.
a.
The Zoning Officer may require applicants for rezoning, conditional use permits, site plan and design review or preliminary plats to submit any technical studies that the Zoning Officer deems necessary to enable the Commission or Board of Aldermen to fully evaluate the application. Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies, photometric plans (for outdoor lighting) or surface water management/drainage studies.
b.
The persons or firms preparing the studies shall be acceptable to the Zoning Officer. The applicant may appeal the Zoning Officer's determination to the Commission by filing a written notice of appeal with the Zoning Officer within seven (7) days after the Zoning Officer's decision. The Zoning Officer shall transmit the notice of appeal to the Commission, and the Commission shall hear the appeal at the next scheduled Commission meeting. If the Commission affirms the Zoning Officer's determination, the applicant may appeal the decision of the Commission to the Board of Aldermen by filing a written notice of appeal with the Zoning Officer within seven (7) days after the Commission's decision. The Zoning Officer shall transmit the notice of appeal to the Board of Aldermen, and the Board of Aldermen shall hear the appeal at its next regularly scheduled meeting. The costs of all studies shall be borne by the applicant.
2.
Technical Studies Required By Commission Or Board Of Aldermen. Notwithstanding the fact that the Zoning Officer did not require submission of a technical study in support of an application, either the Commission or the Board of Aldermen may require the submission of a technical study prior to taking action on the application.
M.
Outside Permits.
1.
Permits.
a.
Any applicant wishing to develop land that necessitates the acquisition of a floodplain or land disturbance permits shall acquire said permits from the Missouri Department of Natural Resources. The City of Buckner, Missouri, does not have the authority to issue said permits.
b.
Any applicant wishing to develop land that necessitates a water line or sewer line permit shall acquire said permits from the Missouri Department of Natural Resources. The City of Buckner, Missouri, does not have the authority to issue said permits.
c.
Any applicant wishing to develop land that necessitates the acquisition of a permit for a street connection to a State highway shall acquire said permit from the Missouri Department of Transportation. The City of Buckner, Missouri, does not have the authority to issue said permit.
Section 400.510 Conditional Use Permits.
[Ord. No. 1053, 9-2-2021]
A.
Application. A complete application for a conditional use permit shall be submitted to the Zoning Officer in a form established by the City along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.
B.
Review And Report - Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the application in light of the Comprehensive Plan, the general requirements of the Unified Development Code and the applicable review criteria set forth in this Code. The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant.
C.
Review And Recommendation - Planning And Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed amendment within sixty (60) days of the date that a complete application is filed, provided that required notice can be given within that time. Within forty-five (45) days of the close of the public hearing, the Planning and Zoning Commission shall recommend approval, modified approval, or denial of the request. After taking action, the Planning and Zoning Commission shall transmit a written summary of its action and proceedings to the Board of Aldermen. In acting on conditional use permits, the Planning and Zoning Commission shall be authorized to recommend such conditions, safeguards, restrictions or time frames upon the premises benefited by the conditional use as may be necessary to reduce or minimize any potentially injurious effect upon other property in the area or to carry out the general purpose and intent of this Unified Development Code so long as the condition, safeguard, or restriction relates to a situation created or aggravated by the proposed use.
D.
Review And Action - Board Of Aldermen. Within thirty (30) days of the close of the Planning and Zoning Commission public hearing, the Board of Aldermen shall hold a public hearing on the proposed amendment. The Board of Aldermen shall hold a public hearing on the proposed amendment. The Board of Aldermen shall act to approve, approve with modifications or deny the proposed amendment within sixty (60) days of the date of the close of the Board of Aldermen public hearing on the amendment.
E.
Notice Of Public Hearing. Notification requirements shall be the same as the requirements listed in this Code.
F.
Conditional Use Permits - Standards For Approval.
1.
Special uses may be approved by action of the Board of Aldermen after recommendation from the Commission using the procedures and standards set forth in Section 400.500(L). Conditional uses may be approved with conditions including, but not limited to, requirements for special yards, open spaces, buffers, fences, walls and screening; the installation of landscaping and maintenance; provisions for erosion control; requirements for street improvements, dedications, limitations on ingress and egress movements into and out of the site, and traffic circulation; limitation on signage; limitation on hours of operation and other characteristics of operation; conditions specifically listed under the individual special use and other conditions deemed necessary to insure compatibility with surrounding land uses.
[Ord. No. 1061, 11-4-2021]
2.
In considering any application for a conditional use permit, the Commission and the Board of Aldermen may give consideration to the criteria listed in this Code, to the extent they are pertinent to the particular application.
G.
Conditional Use Permits - Vesting Of Rights.
1.
The mere issuance of a conditional use permit gives no vested rights to the permit holder.
2.
A right to continue a specially permitted use shall vest only if the project is constructed and the use actually started.
3.
The right to continue a special use that was permitted prior to the effective date of this Unified Development Code shall last only as long as specified by the conditional use permit, provided that all conditions of said approval continue to be met.
4.
As of the effective date of this Unified Development Code, existing permits shall be subject to the provisions for transferability as expressed in this Unified Development Code.
5.
Uses that are allowed without a conditional use permit prior to the effective date of this Unified Development Code, but are designated as special uses in this Unified Development Code, shall be allowed to continue as non-conforming uses if the requirements of this Code are satisfied.
H.
Successive Applications. In the event that the Board of Aldermen takes final action to deny an application for a conditional use permit, an application for the same use shall not be refiled for one (1) year from the advertised public hearing date. The Planning and Zoning Commission, upon petition by the applicant, may permit a refiling of said application six (6) months after the original Planning and Zoning Commission or Board of Aldermen public hearing date when it determines that significant physical, economic or land use changes have taken place within the immediate vicinity or a significant development code text amendment has been adopted.
I.
Amendments. The procedure for amending a conditional use permit shall be the same as required for the original approval.
Section 400.520 Site Plan And Design Review.
[Ord. No. 1053, 9-2-2021]
This Section sets out the required review and approval procedures for obtaining a building permit for construction subject to site plan and design review.
A.
Uses And Development Subject To Site Plan And Design Review. The Zoning Officer shall not allow a building permit to be issued for any of the following development types until a site plan has been reviewed and approved in accordance with the terms of this Section:
1.
All development requiring permits except signs, single-family units, fences six (6) feet in height or less, renovations and structures in the Agriculture (limited or general) District not in excess of seven hundred fifty (750) square feet.
B.
Application. A complete application for site plan and design review approval shall be submitted to the Zoning Officer in a form established by the City along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.
C.
Review And Report - Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the proposed site plan in light of the Comprehensive Plan, the general requirements of this Unified Development Code and the applicable review criteria set forth in this Code. The Zoning Officer shall provide a copy of the report to the Planning and Zoning Commission and the applicant.
D.
Review And Recommendation - Planning And Zoning Commission. After reviewing the site plan and architectural drawings, the Planning and Zoning Commission shall act to recommend approval, approval with modifications or denial of the application for site plan and design review based on the criteria set forth in this Code. If the Planning and Zoning Commission determines that the application involves a proposed site plan that meets any of the following criteria:
1.
Property larger than five (5) acres.
2.
New construction greater than five thousand (5,000) square feet.
3.
Uses including outdoor activities.
4.
Uses with hours of operation between the hours of 7:00 P.M. and 7:00 A.M.
5.
Uses that have a significant impact on public infrastructure.
It may include in its recommendation that the Board of Aldermen provide notice and hold a public hearing on the proposed site plan in its consideration of the application.
E.
Review And Action - Board Of Aldermen. Within thirty (30) days of the close of the Planning and Zoning Commission's action, the Board of Aldermen shall consider the proposed site plan. The Board of Aldermen shall act to approve, approve with modifications or deny the proposed site plan within sixty (60) days of the date of the close of the Board of Aldermen's consideration of the site plan. In the event the Planning Commission has recommended that a public hearing be held on the application pursuant to this Code or the Board of Aldermen determines on its own initiative that a public hearing should be held, the Board of Aldermen shall hold a public hearing on the proposed site plan. Any approval by the Board of Aldermen of an application in which a public hearing is held shall be by ordinance in conjunction with the rezoning of the property, or if not in conjunction with rezoning, as an amendment to the ordinance that previously zoned the property.
F.
Notice Of Public Hearing. Notification requirements shall be the same as the requirements listed in this Code.
G.
Review Criteria.
1.
In reviewing a site plan and design review application, the Planning and Zoning Commission and the Board of Aldermen shall identify and evaluate all factors relevant to the application, including whether it complies with all applicable provisions of this Development Code. The Planning and Zoning Commission and the Board of Aldermen shall approve a site plan unless it is determined that the proposed development:
a.
When completed in accordance with the proposed plan, would not comply with all applicable requirements of this Unified Development Code; would adversely affect the safety and convenience of vehicular and pedestrian circulation in the vicinity of the subject tract, including traffic reasonably expected to be generated by the proposed use and other uses in the area given the existing zoning, existing land uses and proposed land uses in the area; is not compatible with existing or permitted uses on abutting sites in terms of building height, setbacks and open spaces, bulk and scale, landscaping, exterior building design features, drainage, access, parking and circulation features;
b.
Adversely affects traffic control or adjacent properties by inappropriate location, lighting, size, height or types of signs; or
c.
Will be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity for reasons specifically articulated by the Planning and Zoning Commission.
2.
The applicant shall have the burden of demonstrating that the proposal meets the applicable review criteria.
I.
Revisions To Approved Site Plan And Design Review Plans. The Zoning Officer may approve minor amendments to approved site plans and architectural drawings without the refiling of a new application, but in no event shall the Zoning Officer approve the following amendments except through the same process used to approve the original site plan and drawings:
J.
Expiration Of Approved Site Plan And Design Review Plans. An approved site plan and design review plan shall expire and be of no further effect if an application for a building permit for one (1) or more buildings shown on the approved site plan and design review plan is not filed within one (1) year of the date that the site plan and design review plan is approved.
Section 400.530 Subdivision Regulations.
[Ord. No. 1053, 9-2-2021]
A.
Short Title. This Section shall be known as the "City of Buckner Subdivision Regulations."
B.
Purpose.
1.
Responsible land subdivision is the initial step in the process of orderly community development. Once land has been divided into streets, lots and blocks and publicly recorded, the correction of defects is difficult and costly.
2.
The purpose of this document is to set forth rules and regulations for the division of real property so that each subdivision shall be properly coordinated with existing streets, utilities and public facilities and for the future development of these entities. These subdivision regulations will be helpful to City Officials and provide developers by clarifying requirements and by assuring more uniform application of City standards for new subdivisions.
C.
Authority. The requirements and recommendations set forth herein are designed to encourage orderly growth for the City of Bucker through responsible land subdivision and adopted under the authority of Sections 89.300 through 89.480, RSMo., and other applicable laws, statutes, order and regulations of the State of Missouri and the City of Buckner.
D.
Jurisdiction. This Article shall apply to all subdivision of land within the corporate limits of the City of Buckner as presently exists or as hereafter established.
E.
Applicability. The requirements of these subdivision regulations shall apply to any owner or owners desiring to:
F.
Exemptions. Notwithstanding the requirements of this Section, this Article shall not apply in the following instances or transactions:
1.
The division or further division of land into lots or parcels, each of which contains more than forty (40) acres, where such subdivision does not involve the creation of any new streets or easements of access.
2.
A transaction between owners of adjoining land that involves only a change in the boundary between the land owned by such persons and does not create an additional lot or non-conformity.
3.
A conveyance of land or interest therein for use as right-of-way or other public utilities as subject to State or Federal regulation, where no new street or easement of access is created.
4.
A conveyance made to correct a description in a prior conveyance.
5.
Any transfer by operation law.
G.
Conflict. These regulations are not intended to abrogate any easement, covenant or any other private agreement, or restriction, provided that where the provisions of these subdivision regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of these subdivision regulations shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these subdivision regulations, or the determinations of the Planning and Zoning Commission or the Board of Aldermen in approving a subdivision or in enforcing these subdivision regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these subdivision regulations and determination made thereunder.
H.
Conditions. Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is in the public interest and an exercise of valid Police power delegated by the State to the City. The subdivision of land is a privilege conferred upon the developer by the laws of the State of Missouri and through these subdivision regulations. It is the developer who is seeking to acquire the advantages of lot subdivision and upon him/her rests the duty of compliance with the requirements of this Article, all other application provisions of the City Code, reasonable conditions imposed by the Planning and Zoning Commission and/or the Board of Aldermen and the Planning and Zoning Commission, and the Board of Aldermen are hereby authorized to impose such conditions upon the approval of a final plat, as applicable, in order to ensure that the City's public health, safety and general welfare are provided for and protected.
Section 400.540 Administration And Enforcement.
[Ord. No. 1053, 9-2-2021]
A.
Division Of Responsibility.
1.
Administration of these subdivision regulations is vested in the following governmental branches, agencies, departments or individuals of the City Government:
2.
Each of the above-named governmental branches, agencies, departments or individuals shall have the responsibilities hereinafter set forth.
B.
Duties Of The Zoning Officer. The Zoning Officer shall administer the provisions of this Article and in furtherance of such authority shall:
1.
Maintain up-to-date subdivision regulations, including amendments thereto, and permanent and current records with respect to this Unified Development Ordinance.
2.
Receive, file and transmit applications, sketch plans, preliminary plats and final plats to the designated review groups as specified in this Unified Development Ordinance.
3.
Inform applicants of the procedural requirements for subdivision approval, discussion and review of sketch plans in regards to the type of density of use as proposed in the Comprehensive Plan.
C.
Duties Of The Buckner Planning And Zoning Commission. The Buckner Planning and Zoning Commission shall:
1.
Review and recommend approval, approve conditionally or disapprove preliminary plats.
2.
Review and recommend approval or disapproval of final plats.
3.
Transmit the final plat to the Board of Aldermen for approval and acceptance or rejection of dedication of streets, alleys and other public ways and sites.
4.
Make such other determinations and decisions as may be required of the Planning and Zoning Commission from time to time by these subdivision regulations or the applicable Section of the Missouri Statutes.
D.
Duties Of The Board Of Aldermen. The Board of Aldermen shall approve all final plats and accept or reject dedications of streets, alleys and other public ways and sites shown on all plats and approve a written agreement with the subdivider as required in Section 400.590. The Board of Aldermen shall also accept or reject financial guarantees from the subdivider in lieu of immediate completion of installment of improvements required by this Unified Development Ordinance.
[Ord. No. 1061, 11-4-2021]
E.
Duties Of The City Engineer. The City Engineer shall:
1.
Review and recommend approval, conditional approval or disapproval of preliminary plats to the Planning Commission and Board of Aldermen.
2.
Review and recommend approval, conditional approval or disapproval of final plats to the Planning Commission and Board of Aldermen.
3.
Review engineering plans for the construction of public improvements for compliance with the ordinances of the City and recommend approval, conditional approval or disapproval of the engineering plans to the Planning Commission and Board of Aldermen.
F.
Filing Fees And Other Costs. Prior to the filing of a preliminary or final plat, the following fees shall be paid:
1.
The filing fee for a preliminary plat shall be set according to the fee schedule adopted by the City of Buckner.
2.
The filing fee for a final plat shall be set according to the fee schedule adopted by the City of Buckner.
3.
Any direct cost incurred by the City of Buckner above and beyond filing fees outlined in this Section shall be billed to and paid by the applicant before final determination by the Board of Aldermen.
4.
All developers shall deposit monies as determined in the fee schedule for placement of future outdoor warning sirens. The deposit shall be made at the time of final platting along with administrative fees and fees associated with streetlights. Monies shall be placed into an escrow account for the sole purpose of purchasing, placing, and maintaining outdoor warning sirens within and adjacent to the City limits of Buckner, Missouri.
5.
Any other fees, taxes or assessments related to the subdivision of land adopted by the City of Buckner.
Section 400.550 Sketch Plan.
[Ord. No. 1053, 9-2-2021]
A.
Presubmittal Conference.
1.
Application Filing Procedures. Before submitting a preliminary plat, the owner or his/her agent and the owner's engineer or land planning consultant shall confer with the Zoning Officer, the City Engineer and other staff as designated by the City of Buckner to determine the applicable ordinances and regulations. The purpose of the inquiry is for the owner to become familiar with procedures required by the City of Buckner, including:
a.
Procedure for filing plats;
b.
Availability of City sewer and water;
c.
Comprehensive Plan requirements for improvements such as major streets, land use, parks, schools and open spaces;
d.
Zoning requirements for the property in question and adjacent properties; and
e.
Special setback requirements for arterial, collector and local streets.
2.
Conference Procedures. After submittal of the subdivision plan, the Zoning Officer, the City Engineer and other designated members of the City staff shall hold a conference with the subdivider to discuss the character of the subdivision, the adequacy of sanitary and other services, streets, pavement, stormwater drainage, and provisions for maintenance of public or common property, or sanitary and water supply services and of the character of the subdivision, minimum dwelling size and such other matters as are relevant to the preparation of a preliminary plat.
B.
Review Of Sketch Plan. The Zoning Officer shall review the sketch plan and shall be available to meet with the subdivider to discuss any findings or recommendations. The purpose of the review shall be to inform the applicant of the requirements of development regulations as they apply to the subdivision. One (1) copy of the sketch plan shall be retained by the Zoning Officer for his/her records.
C.
Contents Of Sketch Plan. Prior to the filing of a preliminary plat, the subdivider should submit to the office of the Zoning Administrator plans and data showing the subdivider's ideas and intentions in the platting of the proposed subdivision. The subdivider shall outline and describe the existing conditions of the site and the proposed development to supplement the drawings and sketches required below. Should the subdivider submit a sketch plan, the plan shall contain the following:
1.
A general location of the proposed subdivision and its relationship to existing community facilities. Such location maps shall show the location and name of the subdivision, existing streets and highways, schools, parks and playgrounds.
2.
The proposed layout of streets, lots and other features in relation to exiting utilities and other conditions. Proposed land use, parks, playgrounds and other public areas shall be shown on the sketch plan. This plan may be submitted in the form of a freehand sketch map on a map in scale.
3.
The subdivider shall submit the following with the sketch plan:
a.
A statement describing the existing and proposed community facilities and utilities on and adjacent to the property to be subdivided.
b.
A statement of proposed protective covenants, if any.
c.
A statement of the approximate number of lots the proposed subdivision will contain, together with typical proposed lot widths and depths.
d.
Aerial or ground photographs which show the character and topographic features of the land, if available.
Section 400.560 Preliminary Plat.
[Ord. No. 1053, 9-2-2021]
A.
Application For Subdivision Approval. Any person desiring to subdivide land that is subject to the provisions of this Article shall file with the Zoning Officer a complete application form and the appropriate filing fee.
B.
Filing Of Preliminary Plat. Twenty-five (25) copies of the preliminary plat and additional information shall be filed with the Zoning Officer in accordance with the schedule adopted by the Planning and Zoning Commission. The copies of the preliminary plat and all appropriate information shall then be transmitted to the Planning and Zoning Commission for appropriate action.
C.
Filing Fee. The preliminary plat shall not be accepted for filing until the subdivider has paid a filing fee and all required drawings and information have been submitted.
D.
Written Notification. The applicant shall provide the names and addresses of the abutting property owners of the proposed subdivision. The City shall attempt to notify, by mail, all abutting property owners of the boundaries of the property for which the application is filed. Failure to receive notice by mail does not invalidate any action taken.
E.
Contents Of Preliminary Plat. The preliminary plat shall contain information and data set out in this Article.
F.
Distribution And Review Of Preliminary Plat. The Zoning Officer shall distribute one (1) or more copies of the preliminary plat to the following governmental agencies, departments and other persons as may be deemed appropriate for the particular proposed subdivision: City Engineer, fire district, the Police Department, the school district, the Missouri Department of Transportation (if the subdivision is near a State highway) and any utility companies providing gas, electric or telephone service in or near the subdivision. The agencies, departments and persons named in this Section shall have a minimum of ten (10) working days to review the preliminary plat and to make their report and recommendations to the Planning and Zoning Commission. The agencies, departments and appropriate persons named in this Section shall return preliminary plats, report and recommendations to the Planning and Zoning Commission. If such report has not been returned to the Zoning Officer prior to one (1) week before the Planning and Zoning meeting, the proposed plat shall be submitted to the Planning and Zoning Commission without recommendations by the reviewing agency or department.
G.
Adjacency Compatibility For Residential Development.
1.
Submission Requirement. All single-family residential preliminary and final plat applications shall, upon the request of the Zoning Officer, Planning and Zoning Commission or Board of Aldermen, contain a statement, on a form provided by the Zoning Officer, regarding the compatibility of the proposed development with adjacent proposed or existing development that addresses the following considerations:
a.
Street separation between the proposed development and the adjacent development;
b.
Density of development, measured in dwelling units per acre;
c.
Restrictions on types of fencing, parking of specific vehicles, dog runs and outbuildings;
d.
Similarity of architectural style and character of structures in transition areas, including front elevations, exterior materials and roof pitch;
e.
Classification and mixture of building types, including ranch, raised-ranch, split-level, multilevel, earth-contact and two-story structures;
f.
Green space or common area in transition areas, including areas, structures and amenities for the exclusive use and maintenance of homeowners of a subdivision;
g.
Streetscape, including distinctive and aesthetic features of special street signage, street lighting fixtures, street trees and other landscaping;
h.
Lot width;
i.
Lot depth;
j.
Setbacks; and
k.
Square footage of homes in transition areas measured by total finished floor area.
2.
Only proposed adjacent development for which a preliminary plat has been approved shall be considered in a statement regarding adjacency compatibility submitted pursuant to this Section.
H.
Action By The Planning And Zoning Commission On Preliminary Plat. The Planning and Zoning Commission shall consider the preliminary plat within sixty (60) days of its receipt by the Zoning Officer or at the next regular meeting for which the Zoning Officer may schedule the plat. The Planning and Zoning Commission shall review and consider the reports and recommendations of the agencies, departments and persons to whom the preliminary plat has been submitted for review.
1.
The Planning and Zoning Commission shall determine, based on the evidence before it, whether the preliminary plat meets the design standards and requirements of these subdivision regulations and conforms to the requirements of the Unified Development Code, Comprehensive Plan and other applicable provisions of the polices and standards of the City of Buckner.
a.
If the preliminary plat does comply with all requirements, the Planning and Zoning Commission shall approve the preliminary plat; the approval shall be recorded on or attached to the preliminary plat.
b.
If the preliminary plat is in general compliance but not complete compliance, the Planning and Zoning Commission may grant conditional approval of the preliminary plat. The conditions of such approval shall specify the modifications necessary to achieve full compliance. No final plat shall be recommended for approval unless such modifications are included to the satisfaction of the Planning and Zoning Commission. The conditions of approval shall be recorded on or attached to the preliminary plat.
c.
If the preliminary plat is not in compliance with all requirements, the Planning and Zoning Commission shall disapprove of the preliminary plat.
2.
If the preliminary plat is not approved, the subdivider may modify the preliminary plat and resubmit it to the Planning and Zoning Commission. If the plat is amended and resubmitted within sixty (60) days of the disapproval of the original preliminary plat, no additional filing fee shall be required. The Planning and Zoning Commission may reconsider the preliminary plat at a regular meeting for which the Zoning Officer may schedule the plat.
I.
Effect Of Approval Of Preliminary Plat.
1.
Approval of the preliminary plat shall not constitute acceptance of the subdivision by the Board of Aldermen but shall be considered permission to prepare and submit a final plat. Preliminary plat approval shall be effective for no more than two (2) years from the date approval was granted unless, upon the request of the subdivider, the Board of Aldermen grants an extension. If the preliminary plat approval expires, the preliminary plat shall be resubmitted, with all necessary fees, as if no such plat had ever been approved.
2.
The applicant must request an extension of the preliminary plat within two (2) years of the last acceptance date of said preliminary plat or within two (2) years of the last approved final plat in said subdivision. An extension of the preliminary plat can only be requested if said plat remains unchanged from last acceptance. A request for extension does not require an application fee or notification of surrounding property owners.
3.
Traffic Study. Upon approval of the preliminary plat and prior to preparation of the final plat and construction plans, a traffic study may be requested by the City Engineer to determine the impacts of the proposed development on the existing street system. The traffic study must be prepared by a professional engineer licensed in the State of Missouri.
J.
Construction Plan Submittal. Upon approval of the preliminary plat and prior to submission of the final plat, the developer must then proceed with the detailed construction plans required for all facilities and utilities. When the construction plans are completed, the developer then may submit the construction plans and the final plat to the Planning and Zoning Commission and Board of Aldermen for their review and approval. Submittal of the construction plans shall be made not less than twenty (20) days prior to the Planning and Zoning Commission meeting at which time the plans are to be considered. All improvements and facilities are required to be installed prior to issuance of a building permit.
K.
Contents Of Preliminary Plat.
1.
The preliminary plat shall be submitted for review of the entire site, including all phases of construction. The site may be broken out into phases for final platting, once the Planning and Zoning Commission has approved the preliminary plat.
2.
Twenty-five (25) paper print copies of the preliminary subdivision plat shall be furnished for review.
3.
The preliminary plat for a subdivision shall be a formal plan, drawn to scale, indicating prominent existing features of a tract and its surroundings and the general layout of the proposed subdivision and shall meet the requirements outlined herein. The preliminary plat shall contain the following information:
a.
Proposed Name Of Subdivision. Names shall not duplicate too closely or resemble names of existing subdivisions.
b.
Location of boundary lines in relation to section, quarter sections or quarter-quarter section lines and any adjacent corporate boundaries comprising a legal description of the property.
c.
The names and addresses of the owner, subdivider and engineer or surveyor.
d.
The plat shall be drawn with a standard engineering scale and a minimum dimension of one (1) inch equals one hundred (100) feet.
e.
The date, north point and legend.
f.
A vicinity or general location map showing section lines, the subdivision, adjacent subdivisions, corporate limits, main traffic arteries and other prominent features.
g.
The layout, number and approximate dimensions of lots, the number or letter of each block and the minimum lot size in square feet.
h.
Existing Conditions.
(1)
The location, width and name of each existing or platted street or other public way, utility rights-of-way, parks and other public open spaces, permanent buildings within or adjacent to the proposed subdivision, and other important features such as section lines and corners, survey monuments and political subdivision boundaries.
(2)
All existing sewers, water mains, gas mains, culverts, or other underground installations within the proposed subdivision or immediately adjacent thereto with pipe size, grade and locations shown.
(3)
The names of adjacent subdivisions and property owners directly abutting the proposed subdivision.
(4)
Topography (unless specifically waived by the City Engineer) with contour intervals of not more than five (5) feet referenced to U.S.G.S. datum; the location of watercourses, ravines, bridges, lakes, wooded areas, approximate acreage, and such other existing features as may be pertinent to the subdivision. In areas where grades are gentle, a lesser contour interval may be required.
(5)
The location and character of all adjacent existing public utility lines, including sewers (storm and sanitary), water, gas and power lines. If a community sewage treatment plant or other type of community disposal system is to be installed or constructed to serve all or certain portions of the proposed subdivision, the general plan for such community-type sewage treatment or disposal system shall be shown and so identified on the preliminary plat.
(6)
Areas subject to flooding by a storm or having the probability of occurring once in fifty (50) years, and areas in the official 100-year floodplain (as determined by the Federal Emergency Management Agency) shall be shown.
(7)
Zoning on and adjacent to the tract.
(8)
Location, elevation and description of the benchmark controlling the vertical survey tied to U.S.G.S. datum.
i.
The following information with respect to the manner in which the tract is to be subdivided and developed shall be included on the preliminary plat.
(1)
Streets, showing the location, width, names and approximate grades thereof; the preliminary plat shall show the relationship of all streets to any project streets shown on any development plan adopted by the Planning and Zoning Commission. Where the plat submitted includes only a part of the tract owned by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. No street names shall be used which will duplicate or be confused with the names of existing streets. Existing street names shall be used where they are or would be logical extensions of existing streets, even though separated by undeveloped land. Street names shall be subject to the approval of the Planning and Zoning Commission.
(2)
Location and size of proposed parks, playgrounds, church or school sites, or other special uses of land to be considered for dedication to public use, or to be reserved by deed or covenant for the use of all property owners in the subdivision, and any conditions of such dedication or reservation.
(3)
Easements showing width and purpose.
(4)
Building setback lines with dimensions.
(5)
Sites, if any, to be allocated for development with other than single-family dwellings and indication of any lots on which use other than residential is proposed by the subdivider.
(6)
Location and type of utilities to be installed.
(7)
Location and width of proposed sidewalks in conformance with this Code.
j.
The following data and information shall be submitted with the preliminary plat. If practical, such data and information may be shown on the preliminary plat. Otherwise, separate statements and/or maps shall accompany the preliminary plat.
(1)
Proposed deed restrictions, if any, in outline form.
(2)
Stages of development sequence if the total area is not proposed to be developed as one (1) unit.
(3)
Minimum livable floor area standards as follows:
(a)
At the time of approval of a preliminary plat for a residential subdivision, the Planning and Zoning Commission shall designate a minimum livable floor area classification for all lots within the subdivision. Livable floor area shall not include open or screened porches, garages or basements, whether finished or unfinished.
(b)
Subdivisions are to be classified in a manner that minimizes the difference in dwelling sizes between adjacent residential developments. Unless the developer requests a higher classification, the Planning and Zoning Commission shall not classify the subdivision more than one (1) step lower than the classification of the abutting subdivision. More than one (1) classification may be established within a subdivision when the Planning and Zoning Commission finds such multiple classifications appropriate to provide a more harmonious transition in dwelling sizes. However, no more than one (1) classification may be imposed on a single block within the subdivision. In the event the proposed subdivision adjoins land not previously classified, the Planning and Zoning Commission may designate a classification or classifications for the proposed subdivision that will, in its judgment, be in harmony with the surrounding area. In so doing, the Planning and Zoning Commission may take into account the average livable floor area and the minimum dwelling size requirements set forth in deed restrictions of adjoining subdivisions and the overall intent of this Section.
(c)
The range of classifications and livable floor area shall be as follows:
Classification | Minimum Livable Floor Area (square feet) |
|---|---|
A | 2,600+ |
B | 2,000 |
C | 1,800 |
D | 1,600 |
E | 1,400 |
F | 1,200 |
G | 1,000 |
(d)
Approved dwelling size classifications shall be depicted on the final plat that is submitted for recordation.
(e)
No building permit shall be issued for construction of a single-family dwelling that contains a total livable floor area less than the livable floor area permitted by the classification approved by the Planning and Zoning Commission, and it shall be unlawful to construct a dwelling with less total livable floor area than the classification requires.
(f)
Each single-family dwelling to be constructed on land not previously assigned a minimum livable floor area classification shall contain a minimum floor area of one thousand (1,000) square feet.
(4)
A statement of the improvements that will be installed by the developer and the time when such improvements will be completed. This statement shall be of sufficient detail to permit determination of whether such improvements will comply with these regulations and other applicable statutes, ordinances and regulations. If the nature of the approval of the preliminary plat is not practical, the Planning and Zoning Commission may waive the submission of such details, provided that they are submitted at least thirty (30) days prior to the date that approval of the final plat is requested.
(5)
Preliminary plans and profiles of streets, sanitary sewers, storm sewers and water lines may be required. The location of bridges and culverts may also be required.
(6)
All preliminary and final plats must be prepared and sealed by a professional engineer licensed by the State of Missouri. All construction plans associated with a preliminary and final plat must be prepared and sealed by a professional engineer licensed by the State of Missouri.
(7)
A drainage study including analyses of existing and proposed drainage areas, peak flows and storm sewer system capacities. Existing and proposed stormwater detention/retention basins shall also be described and performance calculations provided.
(8)
A traffic study including an analysis of the impacts on the adjacent street network may be required by the City.
Section 400.570 Final Plat.
[Ord. No. 1053, 9-2-2021]
A.
Filing Of The Final Plat.
1.
Ten (10) copies of the final plat and three (3) copies of the final improvement plans shall be filed with the Zoning Officer sixty (60) days prior to the date of the meeting on which the plat is to be heard. The copies of the final plat and all appropriate information shall then be transmitted to the Planning and Zoning Commission for appropriate action and then forwarded to the Board of Aldermen for approval.
2.
An expedited review process may be requested by the developer to shorten the review period. The developer may be required to pay additional fees as identified in the schedule of fees in order to pay for consultants services or any staff overtime. The minimum fee must be paid at the time of application, and the developer must request the thirty-day deadline in writing.
B.
Official Subdivision Submission Date. For the purpose of these subdivision regulations, the date that the plat is placed on the agenda and action is taken by the Planning and Zoning Commission shall constitute the official submittal date of the plat at which the sixty-day period required by Section 89.420, RSMo., for formal approval or disapproval of the plat commences to run.
C.
Action By The Planning And Zoning Commission. Within forty-five (45) days after consideration of the final plat, the Planning and Zoning Commission shall recommend approval, conditional approval or disapproval of the final plat. If the Planning and Zoning Commission recommends disapproval of the final plat, it shall advise the subdivider in writing of the reasons for such recommendation within ten (10) days after such action. The Planning and Zoning Commission shall recommend approval of a final plat if it is:
1.
Substantially the same as the approved preliminary plat;
2.
There has been compliance with all conditions, restrictions and requirements of this Article and of all other applicable ordinances and design standards of the City;
3.
There has been compliance with any condition that may have been attached to the approval of the preliminary plat.
D.
Failure Of Planning And Zoning Commission To Act On The Final Plat. Within sixty (60) days after the submission of a plat to the Commission, the Commission shall recommend approval, conditional approval, or disapprove the final 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-day period. The grounds of disapproval of any plat by the Commission shall be made a matter of record.
E.
Submission Of Plat To The Board Of Aldermen. Before a final plat is recorded and considered by the Planning and Zoning Commission, the Board of Aldermen shall either approve by ordinance or disapprove the final plat and accept or reject the dedication of land for public purposes within thirty (30) days and after the first meeting of the Board of Aldermen after the plat was submitted to the City Clerk. If the plat is disapproved, the subdivider shall be notified of the reasons for such disapproval. If the Board of Aldermen rejects any dedications on the final plat, they shall advise the subdivider in writing of the reasons for such rejection.
F.
Staged Development Of Final Plat. The foregoing provisions of these subdivision regulations to the contrary notwithstanding, an approved preliminary plat may be submitted for final approval in separate geographic units rather than as a whole, provided the following conditions are met:
1.
Each unit of a plat of a subdivision for single-family residence shall contain an area of sufficient size based on physical conditions and ability to install improvements economically. Such units should contain at last twenty (20) lots.
2.
The approval of the Planning and Zoning Commission upon the advice of the City Engineer as to the feasibility of such development in separate units, including the feasibility of the proposed sequence of development, shall be secured.
3.
A final plat of at least one (1) unit shall be submitted for approval within one (1) year from the date of approval of the preliminary plat, and final plats of all such units shall be submitted for approval within five (5) years from the date that the preliminary plat was approved. The Planning and Zoning Commission on application of the subdivider may from time to time grant extensions on time within which to submit the final plat, provided that each such extension shall be for more than one (1) year.
4.
All steps required for the approval of the final plat, including the recording thereof, shall be adhered to with respect to each unit so submitted.
G.
Recording Of The Final Plat. No plat shall be recorded or filed with the office of the Recorder of Deeds until such plat has been approved by the Board of Aldermen; all dedications of rights-of-way, easements and other property have been accepted by the Board of Aldermen; and the design and financing of all improvements has been agreed to by both the subdivider and the Board of Aldermen. The financing responsibility for the cost of recording the plat with the Recorder of Deeds shall be borne solely by the subdivider. The subdivider must record the plat with the Recorder of Deeds, and the cost shall be borne solely by the subdivider. The subdivider must record the final plat within sixty (60) days from the date of approval, or such plat is null and void.
H.
Building And Other Permits. No building permits or occupancy certificates shall be issued for a building or structure on any lot, tract or parcel of any subdivision that is subject to the provisions of these subdivision regulations until a copy of the recorded plat of subdivision is available for examination by the official charged with issuing building permits and/or occupancy certificates. No such permits or certificates shall be issued until there has been compliance with all of the provisions of these subdivision regulations and conditions of plat approval. Building permits will not be issued until all public improvements are installed and accepted by the City of Buckner.
I.
Contents Of The Final Plat.
1.
The final plat shall be a complete and exact subdivision plat, prepared for official recording as required by Statute, to define property boundaries, proposed streets and dedications.
2.
The final plat shall be prepared by a registered land surveyor in the State of Missouri and bear his/her official seal.
3.
Ten (10) paper print copies of the final subdivision plat shall be furnished for review.
4.
After the final plat has been approved by the Planning and Zoning Commission and rights-of-way and easements have been accepted by the Board of Aldermen, a minimum of ten (10) copies of the final plat, of which five (5) will be paper prints and five (5) will be Mylar® prints, shall be submitted.
5.
The final plat prepared for recording purposes shall be drawn with a standard engineering scale and a minimum dimension of no less than one (1) inch equals one hundred (100) feet. The size of the sheets on which final plats are submitted shall be at least sixteen and one-quarter (16 1/4) inches by nineteen (19) inches and shall not exceed twenty-four (24) inches by thirty-six (36) inches. Each sheet shall have a one-and-one-quarter-inch binding edge along the left side (narrow dimension) and a one-quarter-inch border along all other sides. 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 more than two (2) sheets are required, an index sheet of the same dimensions shall be filed showing the entire development at a smaller scale.
6.
The final plat shall show and contain the following information:
a.
The name of the subdivision (not to duplicate or closely approximate the name of any existing subdivision).
b.
The location by section, township, range, County and State, and including legal descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close. The allowable error of closure on any portion of a final pat shall be not more than one (1) in three thousand (3,000) for residential subdivisions and one (1) in ten thousand (10,000) for commercial subdivisions. All calculations shall be furnished showing bearings and distances of all boundary lines and lot lines.
c.
The location of the boundary shall be shown in reference to existing official monuments or the nearest established street lines, including true angles and distances to such reference points or monuments.
d.
The location of lots, streets, public highways, alleys, parks and other features with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points and points of curve to lot lines.
e.
Lots shall be clearly numbered. If blocks are to be numbered or lettered, these should be shown clearly in the center of the block.
f.
Approved dwelling size classifications.
g.
The exact locations, right-of-way widths, and names of all streets to be dedicated and the right-of-way width and names of any existing streets.
h.
The location and width of all easements to be dedicated. If the easement is being dedicated by the plat, it shall be properly referenced in the owner's certification of dedication.
i.
Boundary lines and description of boundary lines of any areas other than streets and alleys which are to be dedicated or reserved for public use.
j.
Building setback lines on front and side streets with dimensions.
k.
The location of all monuments required to be installed by the provisions of these subdivision regulations.
l.
The names of adjoining subdivisions.
m.
m. The names and addresses of the developer, surveyor and/or professional engineer making the plat.
n.
n. The regulatory flood elevation.
o.
Statement dedicating all easements, streets, alleys, and all other public areas not previously dedicated.
p.
The following certificates, which may be combined where appropriate:
(1)
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.
(2)
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.
(3)
The acknowledgement of a notary in the following form:
STATE OF MISSOURI | ) | |
)SS. | ||
COUNTY OF JACKSON | ) | |
Be it remembered that on this _____ day of ____________, 20 _____, before me, a notary republic 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 my hand and affixed by notarial seal the day and year above written. | ||
(SEAL) | ||
Notary Public | ||
My Commission Expires: | ||
(4)
The certificate of the Planning and Zoning Commission in the following form:
This plat of ______________ addition has been submitted to and a recommendation forwarded to the Board of Aldermen by the Buckner Planning and Zoning Commission this _____ day of __________, 20_____. |
Chairman (with actual name) |
(5)
The approval of the plat and acceptance of easements and rights-of-way by the Board of Aldermen in the following form:
This plat of _____________ addition, including easements and rights-of-way accepted by the Board of Aldermen, has been submitted to and approved by the Buckner Board of Aldermen by Ordinance No. ____________, duly passed and approved by the Mayor of Buckner, Missouri on the ______ day of _____, 20_____. | |
(SEAL) | |
Mayor (with actual name) | |
ATTEST: | |
City Clerk (with actual name) | City Engineer (with actual name) |
(6)
A blank space for noting entry on the transfer record in the following form:
Entered on transfer record this _____ day of _____________, 20 _____. | |
Deputy County Recorder of Deeds | |
(7)
Supplemental information to be submitted with final plat. The following additional data shall be submitted with the final plat:
(a)
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.
(b)
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.
(c)
A copy of any deed restrictions applicable to the subdivision.
(8)
The City Engineer shall have the authority to adopt and publish specifications for completion on subdivision surveys, based on the current Minimum Standards for Property Boundary Survey's 10 CSR 30-2, Missouri Code of State Regulations. All subdivision surveys shall comply with the specifications adopted and published by the City Engineer.
Section 400.580 Minor Subdivisions.
[Ord. No. 1053, 9-2-2021]
A.
Authorization For Approval Of Minor Subdivision. If a proposed plat of subdivision or resubdivision complies with the requirements of Subsection (B) of this Section, then the Zoning Officer may approve the minor subdivision. The Zoning Officer shall be responsible for determining whether a proposed plat meets the requirements of Subsection (B) of this Section.
B.
Requirements For Approval Of Minor Subdivisions. In order to qualify for approval in the manner provided in this Code, a proposed plat of subdivision shall comply with the following requirements:
1.
The proposed plat of subdivision shall include not more than five (5) acres;
2.
The proposed plat of subdivision shall create not more than five (5) lots, tracts or parcels of land;
3.
No public street or easement of access is sought to be dedicated, or is contemplated or projected, through (as opposed to adjacent to) the lot, tract or parcel proposed to be subdivided or resubdivided; and
4.
The proposed plat of subdivision shall be in the form required by this Code and shall contain all the data, information and certifications required on final plats by this Code.
C.
Procedure For Approval Of Minor Subdivisions.
1.
Minor subdivisions submitted for approval shall be filed with the Zoning Officer. The Zoning Officer may require to be submitted the topographic information whenever the property to be subdivided or resubdivided is traversed by or is adjacent to a known watercourse, including intermittent streams.
2.
The approval of a minor subdivision shall be subject to the provisions of these subdivision regulations, except insofar as the Sections requiring prior approval of or compliance with an approved preliminary plat.
Section 400.590 Public Improvements.
[Ord. No. 1053, 9-2-2021]
A.
Minimum Improvements. The developer shall submit to the City a firm contract providing for the construction and completion, within a reasonable time frame, of the public improvements as specified by the engineer's plans and specifications.
1.
The following are considered minimum public improvements:
a.
Installation of eight-inch sewer line and four-inch service connection to all adjacent lots;
b.
Extension of eight-inch water distribution mains and six-inch service connections to all adjacent lots in accordance with the City's minimum specification;
c.
Installation of concrete curb and concrete gutter and backfill;
d.
Installation of paving in accordance with the City's minimum specifications;
e.
Installation of storm sewers or surface drainage where required by the City;
f.
Installation of sidewalks according to the City's minimum specifications; and
g.
Installation of streetlights according to the City's minimum specifications.
2.
All of the above improvements shall be extended to the boundary of the subdivision, unless otherwise approved by the Planning and Zoning Commission with the recommendation of the City Engineer.
3.
All public improvements shall be completed in accordance with the plans and specifications approved by the City Engineer, and as-built plans shall be filed in the City Engineer's office at the completion of improvement.
B.
Easements.
1.
The City Engineer may require general utility easements of adequate width along lot lines where necessary or advisable for poles, wires, conduits, sanitary sewers, gas, water, power and other utility lines as dictated by the plans of the developer to provide utility connections. The following are established as minimum width for any general utility easements:
2.
Suitable drainage easements as required by the City Engineer shall be dedicated on the subdivision plat to provide for the natural drainage of stormwater through the plat and in consideration of proposed improvements. The minimum width for drainage easements shall not be less than fifteen (15) feet for closed conduits and twenty (20) feet for open channels but in any case shall provide for conveyance of a fifty-year storm flow with additional width of no less than ten (10) feet for construction and maintenance equipment and operations. These drainageways shall be improved to the extent necessary to properly accommodate storm flows in a manner to eliminate erosion and possible loss and damage to life, land and property. Any variation of these standards (such as location, width and alignment) should be noted on the final plat certified and approved by the City Engineer.
C.
Required Improvements.
1.
The subdivider shall cause a registered land surveyor to install permanent reference points on all perimeter corners of the property.
2.
(Reserved)
3.
All required improvements shall be designed and built in accordance with the latest edition of the Kansas City Metropolitan APWA design criteria unless otherwise noted in the City of Buckner's public improvement standards.
a.
Off-Site Road Improvements. When an area to be subdivided contains lots adjacent to an existing road, said road shall be suitably improved as required by the street construction standards for the City of Buckner based on its functional classification.
b.
Grading. All streets shall be graded to their full right-of-way width as approved by the City Engineer.
c.
Paving. Road base and paving shall be installed in accordance with the specifications and standards adopted by the City of Buckner.
d.
Curbs And Gutters. Vertical face curbs and gutters shall be installed in accordance with the specifications and standards adopted by the City of Buckner. Rollback curbs shall be permitted in areas along streets serving single-family residences or in other residential areas where curb cuts cannot be predetermined.
4.
Bridges and culverts shall be constructed only at locations approved by the City in accordance with plans and specifications approved by the City Engineer. Plans shall be prepared and sealed by an engineer licensed by the State of Missouri.
5.
Sidewalks shall be constructed on both sides of all streets in all zoning districts except for R-1. In the R-1 District, sidewalks shall, at a minimum, be installed only on one (1) side of all streets. In large-lot subdivisions, no sidewalks are required. However, in the interest of a better arrangement of pedestrian circulation and to accommodate special design features of the developments, this requirement may be waived with conditions if the development is part of a plan approved by the Planning and Zoning Commission. Also, sidewalks may be required exceeding the above standards if they are necessary to complete pedestrianways across a lower-density development. Sidewalks in residential development shall be constructed prior to the issuance of certification of occupancy. The design and installation of sidewalks shall meet all State and Federal requirements.
6.
Storm drainage and sanitary sewers shall be designed by the applicant's registered professional engineer, approved by the City and installed by the subdivider.
7.
Water distribution system, including the number and location of fire hydrants, shall be designed by a registered professional engineer and approved by the City and installed by the subdivider.
8.
Street name signs and traffic control signs shall be provided by the developer in accordance with the standards and specifications of the City. The City shall replace and maintain said signs after the initial installation by the developer.
9.
Sewage treatment plants and pumping stations, if approved, shall be constructed in accordance with the specifications and standards of the Missouri Department of Natural Resources. Plans shall be prepared and sealed by an engineer licensed by the State of Missouri.
10.
A streetlight plan shall be designed by the applicant's registered professional engineer and approved by the City. The City shall take the necessary steps in its capacity as a municipal corporation to secure placement of streetlights by the Missouri Public Service Company. The subdivider shall agree to pay all costs of installation and all costs incurred by the City for said streetlights of a period of five (5) years. A bond or other financial assurance in a form acceptable to the City Attorney may be required to ensure payment.
11.
All Public Utilities Must Be Installed Underground. Plans for underground facilities shall be prepared by, or at the direction of, the agency involved.
D.
Recommended Improvements.
1.
Tree Planting. If planting of street trees is proposed by the subdivider or if otherwise required in compliance with the plan approval, the placement and species to use under varying conditions will be approved by the Zoning Officer.
2.
Subdivision Identification Signs. Subdivision identification signs, if desired, shall be placed at entrances to the subdivision and shall be within an easement or private property. The developer or homeowner's association is responsible for the maintenance and upkeep of the identification signs as originally approved and installed. Location of signs shall be subject to the provisions of the subdivisions regulations, as well as other applicable ordinances.
3.
Limited Access.
a.
Whenever the proposed subdivision contains or is adjacent to a major street or highway, adequate protection of residential properties, limitations of access, and the preparation of through and local traffic shall be provided by reversed frontage with screen planting, provided by the developer and approved by the City, contained in a non-access reservation along the rear property lines.
b.
There shall be no reserve strips controlling access to streets except where control of such strips is definitely placed under conditions approved by the Planning and Zoning Commission.
c.
Frontage roads may be provided by the developer with the concurrence of the Planning and Zoning Commission and will be shown on the preliminary plat, provided such frontage roads shall be approved by the State of Missouri or United States government, when applicable.
E.
Agreement For The Installation Of Improvements. Prior to the approval of a final plat by the Board of Aldermen for any subdivision located in the City of Buckner or in any area where improvements are required to be installed to City standards, the subdivider shall enter into a written agreement with the City, in which all required improvements are specified, together with method of construction and provisions for payment of the cost thereof.
F.
Inspection Of Improvements.
1.
Administrative Fee. The subdivider shall pay to the City an administration fee as set forth in the schedule of fees for the review and processing of the subdivision plat and construction plan. The subdivision plat shall not be signed until the administrative fee has been paid and inspection services guaranteed as described in Subsection (F)(2) hereof.
2.
Inspection Of Improvements.
a.
The subdivider shall contract with a professional engineer registered in the State of Missouri qualified to perform surveying, staking, inspection and testing services, and as-built construction plans and furnish to the City a copy of said contract. Upon inspection, if any of the required improvements have not been completed in accordance with the City's construction standards and specifications, the subdivider shall be responsible for completing said improvements. Building permits shall not be issued until an affidavit, signed and sealed by a registered professional engineer, has been delivered to the City stating all the required improvements have been in accordance with the approved plans, standards and specifications.
b.
The City Engineer will perform the final inspection of all public improvements.
G.
Vacation Of Undeveloped Subdivision. When no lots on a plat of subdivision have been sold, the subdivider may request the vacation of the plat prior to the time that the improvements covered by the bond are installed, and which such plat is vacated, all fiscal sureties shall be returned to the subdivider.
Section 400.600 Improvement Procedures.
[Ord. No. 1053, 9-2-2021]
A.
Final Construction Plans. The subdivider or developer shall have plans and engineering drawings, complete with other engineering information, prepared for required improvements by a registered engineer. The complete plans, drawings and other engineering information shall be submitted in duplicate to the City Engineer at least thirty (30) days prior to the request approval date of final plat. Failure to submit these plans, drawings and other information shall be considered an automatic extension of or a waiver by the subdivider of any time limitation for plat approval.
B.
Content Of Engineering Drawings. Engineering plans, drawings and other engineering information shall contain the following data and information and shall conform to the following requirements:
1.
All plans, profiles and details of proposed improvements shall be on standard plan and profile sheets or other appropriate sheets. Each sheet of the drawings shall be on twenty-four-inch-by-thirty-six-inch sheets with an appropriate border and a title block along the right edge of the plans. The title block shall contain at least the name of the subdivision, a brief description of the information shown on the individual sheet, the name and address of the developer, the name, address and professional seal of the engineer, the date of the original drawing and the date of any revisions to the drawing; a vicinity map shall be shown on the cover sheet. Plans and profiles shall be shown to a horizontal scale of one (1) inch equals one hundred (100) feet and a vertical scale of one (1) inch equals ten (10) feet, or a horizontal scale of one (1) inch equals fifty (50) feet and a vertical scale of one (1) inch equals five (5) feet. The scale and north point shall be clearly indicated on each sheet. If the drawings consist of three (3) or more sheets, there shall also be an appropriate cover or title sheet showing the entire subdivision at a suitable scale, the subdivision name, a brief description of the nature of the drawings, an index to the drawings, and other applicable information.
2.
Plans, profiles and details for roadway and sidewalk construction shall show profiles of the existing topography elevations, profiles of proposed sidewalks, curb and street center line elevations, intersection control elevations, paving geometrics, typical cross sections and other data required for staking and construction. Construction specifications and cost estimates shall be submitted with the plans.
3.
Plans, profiles and details of storm sewer and storm drainage improvements shall show existing profiles, proposed flow-line profiles, grades and elevations, manhole details, drainage structure details and inlet details, plus any other data necessary for staking and construction. Construction specifications and cost estimates shall be submitted with the plans. Copies of engineering calculations may also be required submittals for review.
4.
Plans and details of the proposed water distribution system and water supply facilities shall show all information necessary for review and construction of the systems, including line sizes, fire hydrant locations and valve locations. Construction specifications and cost estimates shall be submitted with the plans. Copies of engineering calculations may also be required submittals for review.
5.
Plans, profiles and details for sanitary sewer systems and sewage treatment facilities shall show line sizes, grade flow-line elevations and other information necessary for plan review and construction. Construction specifications and cost estimates shall be submitted with the plans. Copies of engineering calculations may also be required for submission and review.
6.
Grading plans for all lots and tracts in the subdivision requiring cut or fill of more than thirty (30) inches showing the existing ground contours, proposed finish ground contours, temporary erosion and sediment controls and drainage shall be submitted. Construction specifications and cost estimates shall be submitted with the plans.
7.
When unusual site conditions exist, the City Engineer may require additional plans, drawings and specifications as may be necessary for adequate review of the proposed improvements.
8.
All plans shall be based on USGS datum. Benchmark descriptions and elevations shall be shown on the plan sheets.
9.
All plans for underground wiring shall be prepared by or at the direction of the agency involved.
C.
Review Of Engineering Drawings. The City Engineer shall require review of all engineering drawings in order to determine whether such drawings are consistent with the approved preliminary plat and comply with the design standards. If such drawings are consistent and so comply, the City Engineer shall forward to the Planning and Zoning Commission a notice that they so conform and comply. In the event that the drawings do not so conform and comply the City Engineer shall notify the subdivider in writing of the specific manner in which such drawings do not so comply, and the subdivider may then correct such drawings. If such drawings are not corrected, the City Engineer shall forward to the Planning and Zoning Commission a notice as to the items of non-compliance.
D.
Recommendation By Planning And Zoning Commission. The Planning and Zoning Commission shall not consider a final plat until the City Engineer has approved the engineering drawings and any other required plans.
E.
Construction Permits. No improvements shall be constructed nor shall any preliminary work thereto be done until such times as the engineering drawings have been approved and a construction permit issued. Improvements shall be in compliance with all of the requirements relating to the agreement. Permits shall have a required time limit for completion of the work with a provision that would include any authorized time extension. Preliminary grading may take place if a grading plan has been approved by the City Engineer and a grading permit has been issued.
F.
Certificate Of Insurance. The contractors shall indemnify the City and shall provide a certificate of insurance naming the City as an insured. The certificate of insurance shall be on a form furnished by the City or an industry standard, approved by the City. The contractor shall secure and maintain throughout the duration of construction insurance of types and in amounts as may be necessary to protect the contractor and the interests of the City against all hazards or risk of loss. It shall be the responsibility of the contractor to maintain adequate insurance coverage at all times. The contractor may satisfy the liability limits required for each type of insurance by securing and maintaining an umbrella excess-liability-type policy. Satisfactory certificates of insurance shall be filed with the City before a construction permit will be issued. The liability limits shall not be less than:
Type of Insurance Workers' Compensation | Statutory Limits |
|---|---|
Automobile liability and bodily injury | $500,000.00 per person; $2,000,000.00 per occurrence |
Property | $100,000.00 per occurrence; $2,000,000.00 per combined single limit |
Comprehensive general liability (including products and completed operations) | $500,000.00 per occurrence; $2,000,000.00 aggregate |
G.
Performance Bonds.
1.
The contractor shall furnish a performance bond before a construction permit will be issued as security for the faithful performance of all his/her obligations under the agreement for the installation of improvements. Each bond shall be in the amount at least equal to the contract price and in such form and with such sureties as acceptable to the City.
2.
Mud Deposit. Each developer working within the City limits of Buckner shall deposit a sum as set forth in the schedule of fees at the time of issuing individual building permits. Said deposit shall be guarantee that the permit applicant, and any subcontractors of employees of such applicant, will keep streets and sidewalks in the area in which they are working free and clear of dirt, gravel, rubbish or other construction debris. The City Engineer may waive the deposit required by this Section when the applicant is an individual homeowner. A refund of the mud deposit will be processed after approval of the final occupancy permit.
3.
Prohibition Against Dumping Of Construction Dabris.
a.
No person, firm or corporation shall dump or deposit or cause to be dumped or deposited any dirt, gravel, rubbish, leaves or other debris, including, but not limited to, lumber, paper, trash, concrete or metal, in any street right-of-way, gutter, storm sewer, waterway or drainageway. Erosion of soil which flows onto any street, right-of-way, gutter, storm sewer, waterway or drainageway from property before or during construction shall be considered as depositing dirt, gravel or other construction debris.
b.
If, upon inspection by the Building Inspector, City Engineer or any of their designated representatives, it is determined that dirt, gravel, rubbish, leaves or other debris has been dumped or deposited in any street, right-of-way, gutter, storm sewer, waterway or drainageway in violation of the provisions of this Section, he/she shall then notify the responsible permittee or permittees and establish a twenty-four-hour period to make the affected area free of said dirt, gravel or debris. If, within the twenty-four-hour period, the said area is not clear, the City Engineer or his/her designee may authorize the City to take necessary action to clean up the said area and assess all charges at an established hourly rate, but in no case will the charges be less than two (2) hours for labor, materials and equipment.
H.
Escrow Deposits In Lieu Of Completion Of Improvements. In lieu of completion and dedication of all public improvements, the subdivider may cause a construction escrow account to be established by placing monies on deposit with the City in amounts sufficient to secure the satisfaction of construction, installation and dedication of the incomplete portion of required improvements. The dollar amount of the escrow account will be based on the firm construction estimate provided by the developer and approved by the City Engineer. Escrow accounts shall not be established for the minimum improvements but may be utilized for perimeter street improvements and off-site improvements.
I.
Final Inspection.
1.
Construction Inspection. Construction of any public improvement, or grading of land in conjunction with approved plans, shall be limited over weekends and/or holidays. If said improvement is to be inspected by the City of Buckner, such construction must be left uncovered, lined with safety fence and stabilized until inspection of that portion of construction has been conducted. If improvements have been constructed and covered without inspection thereto, the City of Buckner may require that particular section be uncovered, at the sole expense of the contractor, and inspected.
2.
Connection to and/or construction within twenty-five (25) feet of any existing public improvement is strictly prohibited on weekends and over holidays.
3.
Improvements Subject To Inspection.
a.
All improvements constructed or erected shall be subject to inspection by the City Engineer. The cost attributable to all inspections required by this Article shall be set forth in the schedule of fees and charged to and paid by the subdivider.
b.
If the City of Buckner is responsible for inspection of said improvement, verbal approval to cover must be obtained from either the Public Works Inspector or Public Works director. When possible, a request for inspection shall be made at least one (1) full business day's hours in advance.
4.
Upon completion of all improvements within the area covered by the final plat, the subdivider shall notify the City Engineer who shall thereupon conduct a final inspection of all improvements installed. If such final inspection indicates that there are any defects or deficiencies in any such improvements as installed, or if there are any deviations in such improvements as installed from the final engineering plans and specifications, he/she shall notify the subdivider in writing of such defects, deficiencies or deviations, and the subdivider shall, at his/her sole expense, correct such defects or deviations. When such defects, deficiencies or deviations have been corrected, the subdivider shall notify the engineer that the improvements are again ready for inspection.
J.
Report To The City Engineer. If a final inspection indicates that all improvements as installed contain no defects, deficiencies or deviations, the City Engineer shall certify that all improvements have been installed in reasonable conformity with the engineering plans and specifications accompanying the plat.
K.
As-Built Drawings. Upon completion of the work of any phases thereof, the developer shall furnish permanent, reproducible as-built drawings of the work to the City.
L.
Survey Monuments. All required survey monuments disturbed, destroyed, obliterated or lost during construction shall be replaced upon completion of the work by the developer or his/her contractors at the cost of the developer.
M.
Maintenance Bond And Maintenance Of Improvements.
1.
When all or parts of required improvements in a subdivision are installed and the required inspections have been made, the developer shall furnish to the City a maintenance bond equal to fifty percent (50%) of the construction cost of said improvements. Said maintenance bond shall be conditioned that improvements shall endure without need of repairs for a period of two (2) years; said maintenance bond shall be on the form as provided by the City of Buckner.
2.
Within the time period prescribed by the bond, the contractor, as ordered by the City Engineer, shall repair, replace or rebuild such portions of the work which are found to be faulty because of material or workmanship. The contractor shall begin the remedial work not later than five (5) days after the order from the engineer. In case the contractor does not start the remedial work within the above time limit or in case of an emergency condition caused by faulty workmanship, the City make take the remedial action and charge the cost thereof against the contractor and his/her surety.
3.
Prior to the expiration of the maintenance bond, an inspection of the bonded improvements shall be made by the City and if improvements are without need of repairs, the City shall release the maintenance bond and assume the responsibility of maintenance of the improvements.
N.
Acceptance Of Improvements. Upon receipt of a certification from the City Engineer stating that all improvements have been installed in reasonable conformity with the approved engineering drawings and in reasonable conformity with the requirements of this Article and all other applicable Statutes, ordinances and regulations, that all as-built drawings have been furnished as required and that all survey monuments are in place, the Zoning Officer will thereupon formally accept such improvements. The improvements shall become the property of the City. This acceptance does not relieve the developer of any obligation to maintain these facilities as may be required by the maintenance bond.
Section 400.610 Adoption Of Administrative Guidelines.
[Ord. No. 1053, 9-2-2021]
A.
The Zoning Officer is authorized, as deemed necessary, to prepare administrative guidelines to augment, implement and provide further details and examples of methods and manners of complying with the minimum design standards of this Article and assist City staff, the Planning and Zoning Commission and the Board of Aldermen in evaluating whether a proposed subdivision complies with the minimum design standards.
B.
No later than fourteen (14) days in advance of the effective date as set by the Zoning Officer of an administrative guideline, the Zoning Officer shall provide a copy of the administrative guideline to each member of the Board of Aldermen. Upon receipt of the administrative guideline, a majority of the Board of Aldermen may request a review of the administrative guideline and may approve all or a portion of such guideline by resolution. Any portion reviewed by the Board of Aldermen and not so approved shall not take effect. If the Board of Aldermen does not request review, the administrative guideline shall take effect on the date set by the Zoning Officer. All administrative guidelines that take effect in this manner and have not been previously adopted by the Board of Aldermen shall be adopted by the Board of Aldermen, by resolution, annually.
Section 400.620 Appeals, Waivers And Variances.
[Ord. No. 1053, 9-2-2021]
A.
Appeals — Generally. The subdivider of a proposed subdivision may appeal decisions made in the enforcement of these subdivision regulations by the Zoning Officer to the Board of Adjustment and by the Board of Adjustment to the Board of Aldermen. Any such appeal shall provide a hearing de novo. In the event the Board of Aldermen sustains the Board of Adjustment the action of the Board of Adjustment shall be final, except as otherwise provided by law. If the Board of Aldermen overrules the Board of Adjustment, the Board of Aldermen shall make its decision, in writing, stating the reason therefore and, except as provided in Section 400.410, return such decision and plat to the Planning and Zoning Commission for reconsideration and approval as required by law.
[Ord. No. 1061, 11-4-2021]
B.
Appeals On Improvement Standards. Any appeal as to the approval of standards or plans and engineering drawings in connection with required improvements shall be directed to the Board of Aldermen, and that action shall be final.
C.
Waiver Of Required Improvements. Any waiver of the required improvements may be made only by the Board of Aldermen on a showing that such improvement is technically not feasible.
D.
Variances. In cases in which there is unwarranted hardship in carrying out the literal provisions of these subdivision regulations as to design criteria, e.g., lot width, lot depth, block length, etc., the Board of Adjustment may recommend a variance from such provision.
1.
An application for a variance shall be made to the Zoning Officer who shall transmit the application to the Board of Adjustment. The Board of Adjustment shall give the applicant and any other interested person an opportunity to be heard with respect to the proposed application for a variance.
2.
The Board of Adjustment shall not recommend a variance unless it shall find that the strict application of these subdivision regulations will create an unwarranted hardship and unless the proposed variance is in harmony with the intended purposes of these subdivision regulations and that the public safety and welfare will be protected.
3.
Variances permitted under the provisions of this Article shall not include variances from the requirements of making improvements required in this Article, unless approved as provided for in Section 400.390, the standards or specifications thereof, nor from the provisions of the Unified Development Code of the City, except as to variances for minimum lot width and/or area requirements. Consideration of an application for a variance pursuant to this Article does not relieve the applicant from the necessity of proceeding under the applicable provisions of any other regulations (including Unified Development Code regulations) of the City relating to variances.
[Ord. No. 1061, 11-4-2021]
E.
Variances - Planned Unit Development. When a plat or subdivision is prepared in connection with a planned unit development authorized by any legally adopted zoning regulation regulating the same area, the Planning and Zoning Commission may vary the design standards contained in this Article to such extent as may be necessary to permit the preparation of a planned development plan in accordance with the standards, conditions and restrictions of such Unified Development Code regulations.