Trenton City Zoning Code
ARTICLE IV
Subdivision of Land - Final Plat Approval
Section 400.153 Plat Approvals - Major and Minor Subdivisions.
[R.O. 2011 §400.153; Ord. No. 01-10 Art. IV, 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
This Article governs the platting or subdivision of land in Trenton, Missouri, or the resubdivision of land.
Section 400.155 Regulation of Subdivisions.
[R.O. 2011 §400.155; Ord. No. 01-10 §1(4.01), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Major subdivisions as defined herein are subject to a two (2) step approval process. Physical improvements to the land to be subdivided are authorized by a conditional use permit as provided in Section 400.200 and sale of lots is permitted after final plat approval as provided in Sections 400.165 and 400.170. Minor subdivisions only require a one (1) step approval process: final plat approval (in accordance with Section 400.165).
Section 400.160 No Subdivision Without Plat Approval.
[R.O. 2011 §400.160; Ord. No. 01-10 §1(4.02), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A.
No person may subdivide or resubdivide his or her land except in accordance with all of the provisions of this Chapter. In particular, no person may subdivide his or her land unless and until a final plat of the subdivision has been approved in accordance with the provisions of Section 400.165 or Section 400.170 and recorded in the Grundy County Recorder's office.
B.
The Grundy County Recorder's office shall not record a plat of any subdivision within the City's planning jurisdiction unless the plat has been approved in accordance with the provisions of this Article.
Section 400.165 Minor Subdivision Approval.
[R.O. 2011 §400.165; Ord. No. 01-10 §1(4.03), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004; Ord. No. 08-16 §1, 3-24-2008]
A.
The Planning Commission shall approve or disapprove minor subdivision final plats in accordance with the provisions of this Section.
B.
The applicant for minor subdivision plat approval, before complying with Subsection (C), shall submit a sketch plan to the Planning Commission for determination of whether the approval process authorized by this Section can be and should be utilized. The Planning Commission may require the applicant to submit whatever information is necessary to make this determination, including, but not limited to, a copy of the tax map showing the land being subdivided and all lots previously subdivided from that tract of land within the previous five (5) years.
C.
Applicants for minor subdivision approval shall submit to the Planning Commission a copy of a plat conforming to the requirements set forth in Section 400.170(B) and (C) (as well as two (2) prints of such plat), except that a minor subdivision plat shall contain the following certificates in lieu of those required in Section 400.175:
1. | Certificate of ownership. I hereby certify that I am the owner of the property described hereon, which property is within the subdivision regulation jurisdiction of the City of Trenton and that I freely adopt this plan of subdivision. | ||
__________ Date | ______________________________ Owner | ||
2. | Certificate of approval. I hereby certify that the minor subdivision shown on this plat does not involve the creation of new public streets or any change in existing public streets, that the subdivision shown is in all respects in compliance with Section 530.050 of the Trenton City Code and that therefore this plat has been approved by the Planning Commission, subject to its being recorded in the Grundy County Recorder's office within sixty (60) days of the date below. | ||
__________ Date | ______________________________ Chairman, Planning Commission | ||
D.
The Planning Commission shall take expeditious action on an application for minor subdivision plat approval as provided in Section 400.165. However, either the Planning Commission or the applicant may at any time refer the application to the major subdivision approval process.
E.
Not more than a total of three (3) lots may be created out of one (1) tract using the minor subdivision plat approval process, regardless of whether the lots are created at one (1) time or over an extended period of time.
F.
Subject to Subsection (D), the Planning Commission shall approve the proposed subdivision unless the subdivision is not a minor subdivision as defined in Section 400.165 or the application or the proposed subdivision fails to comply with Subsection (E) or any other applicable requirement of this Chapter.
G.
If the subdivision is disapproved, the Planning Commission shall promptly furnish the applicant with a written statement of the reasons for disapproval.
H.
Approval of any plat is contingent upon the plat being recorded within sixty (60) days after the date the certificate of approval is signed by the Planning Commission Chairman or his or her designee.
I.
In addition to all other requirements for the approval of a minor subdivision, every application for approval of a minor subdivision shall be accompanied by a fifty dollar ($50.00) fee. No application for approval of a minor subdivision will be accepted until such fee has been paid and such fee is not refundable regardless of whether such minor subdivision is approved.
Section 400.170 Major Subdivision Approval.
[R.O. 2011 §400.170; Ord. No. 01-10 §1(4.04), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004; Ord. No. 08-19 §1, 4-14-2008]
A.
The Planning Commission shall approve or disapprove major subdivision final plats in accordance with the provisions of this Section.
B.
The applicant for major subdivision plat approval shall submit to the Zoning Administrator a final plat drawn in waterproof ink on a sheet made of material that will be acceptable to the Grundy County Recorder's office for recording purposes and having dimensions as follows: either twenty-one (21) inches by thirty (30) inches, twelve (12) inches by eighteen (18) inches or eighteen (18) inches by twenty-four (24) inches. When more than one (1) sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision. The scale of the plat shall be at one (1) inch equals not more than one hundred (100) feet. The applicant shall also submit two (2) prints of the plat.
C.
In addition to the appropriate endorsements as provided in Section 400.175, the final plat shall contain the following information:
1.
The name of the subdivision, which name shall not duplicate the name of any existing subdivision as recorded in the Grundy County land records,
2.
The name of the subdivision owner or owners,
3.
The township, County and State where the subdivision is located,
4.
The name of the surveyor and his or her registration number and the date of survey,
5.
The scale according to which the plat is drawn in feet per inch or scale ratio in words or figures and bar graph, and
6.
All of the additional information required by Chapter 445, RSMo., as well as or in addition to the required information cited below:
a.
An accurately positioned north arrow coordinated with any bearings shown on the plat. Indication shall be made as to whether the north index is true, magnetic, Missouri grid or is referenced to old deed or plat bearings. If the north index is magnetic or referenced to old deed or plat bearings, the date and the source (if known) such index was originally determined shall be clearly indicated.
b.
The azimuth or courses and distances as surveyed of every line shall be shown. Distances shall be in feet or meters and decimals thereof. The number of decimal places shall be appropriate to the class of survey required.
c.
All plat lines shall be horizontal (level) measurements. All information shown on the plat shall be correctly plotted to the scale shown. Enlargement of the portions of a plat are acceptable in the interest of clarity, where shown as inserts on the same sheet. Where the grid is used, the grid factor shall be shown on the face of the plat and a designation as to whether horizontal ground distances or grid distances were used.
d.
Where a boundary is formed by a curved line, the following data must be given: actual survey data from the point of curvature to the point of tangency shall be shown as standard curve data or as a traverse of bearings and distances around the curve. If standard curve data is used, the bearing and distance of the long chord (from point of curvature to point of tangency) must be shown on the face of the plat.
e.
Where a subdivision of land, or resubdivision of land, is set out on the plat, all streets and lots shall be carefully plotted with dimension lines indicating widths and all other information pertinent to re-establishing all lines in the field. This shall include bearings and distances sufficient to form a continuous closure of the entire perimeter.
f.
Where control corners have been established in compliance with Chapters 445 and 446, RSMo., as amended, the location and pertinent information as required in the reference Statute shall be plotted on the plat. All other corners which are marked by monument or natural object shall be so identified on all plats and all corners of adjacent owners in the boundary lines of the subject tract which are marked by monument or natural object must be shown with a distance from one (1) or more of the subject tract's corners.
g.
The names of adjacent landowners along with lot, block or parcel identifier and subdivision designations or other legal reference, where applicable, shall be shown where they could be determined by the surveyor.
h.
All visible and apparent rights-of-way, watercourses, utilities, roadways and other such improvements shall be accurately located where crossing or forming any boundary line of the property shown.
i.
Where the plat is the result of a survey, one (1) or more corners shall, by a system of azimuths or courses and distances, be accurately tied to and coordinated with a monument of some United States or State agency survey system, such as the National Geodetic Survey (formerly U.S. Coast and Geodetic Survey) system, where such monument is within two thousand (2,000) feet of said corner. Where the Missouri Grid System coordinates of said monument are on file in the Missouri Department of Natural Resources, Jefferson City, Missouri, the coordinates of the referenced corner shall be computed and shown in X (easting) and Y (northing) ordinates on the map. In the absence of grid control, other appropriate natural monuments or landmarks shall be used.
j.
A vicinity map shall appear on the face of the plat.
k.
A phased subdivision application may be submitted as defined herein, providing the subdivision is substantially complete in construction within seven (7) years of the date of application.
D.
In addition to all other requirements for the approval of a major subdivision, every application for approval of a major subdivision shall be accompanied by a one hundred dollar ($100.00) fee. No application for approval of a major subdivision will be accepted until such fee has been paid and such fee is not refundable regardless of whether such major subdivision is approved.
E.
The Planning Commission shall approve the proposed plat unless it finds that the plat or the proposed subdivision fails to comply with one (1) or more of the requirements of this Chapter or that the final plat differs substantially from the plans and specifications approved in conjunction with the conditional use permit that authorized the development of the subdivision.
F.
If the final plat is disapproved by the Planning Commission, the applicant shall be furnished with a written statement of the reasons for the disapproval.
G.
Approval of a final plat is contingent upon the plat being recorded within sixty (60) days after the approval certificate is signed by the Planning Commission Chairman or his or her designee.
Section 400.175 Endorsements On Major Subdivision Plats.
[R.O. 2011 §400.175; Ord. No. 01-10 §1(4.05), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A.
All major subdivision plats shall contain the endorsements listed in Subsections (1), (2) and (3) herein.
1.
Certificate of approval.
I hereby certify that all streets shown on this plat are within the City of Trenton's planning jurisdiction, all streets and other improvements shown on this plat have been installed or completed or that their installation or completion (within twelve (12) months after the date below) has been assured by the posting of a performance bond or other sufficient surety and that the subdivision shown on this plat is in all respects in compliance with Article IV of the Unified Development Ordinance of the City of Trenton, Missouri, and, therefore, this plat has been approved by the City Planning Commission, subject to its being recorded in the Grundy County Recorder's office within sixty (60) days of the date below. | ||
|---|---|---|
__________ Date | ______________________________ Planning Commission Chairman | |
2.
Certificate of ownership and dedication.
I hereby certify that I am the owner of the property described hereon, which property is located within the subdivision regulation jurisdiction of the City of Trenton, Missouri, that I hereby freely adopt this plan of subdivision and dedicate to public use all areas shown on this plat as streets, alleys, walks, parks, open space and easements, except those specifically indicated as private and that I will maintain all such areas until the offer of dedication is accepted by the appropriate public authority. All property shown on this plat as dedicated for a public use shall be deemed to be dedicated for any other public use authorized by law when such other use is approved by the Trenton City Council in the public interest. | ||
|---|---|---|
__________ Date | ______________________________ Owner | |
______________________________ Notarized | ||
3.
Certificate of survey and accuracy.
I hereby certify that this map (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (a deed description recorded in Book _____ Page _____ of the Grundy County Recorder's office); that the error of closure as calculated by latitudes and departures is 1: __________; that the boundaries not surveyed are shown as broken lines plotted from information found in Book _____ Page _____ and that this map was prepared in accordance with [statutory citation]. Witness my original signature, registration number and seal this _____ day of __________, 20_____. | ||
|---|---|---|
Seal or Stamp | ______________________________ Registered Land Surveyor | |
Notarized | ______________________________ Registration Number | |
Section 400.180 Plat Approval Not Acceptance of Dedication Offers.
[R.O. 2011 §400.180; Ord. No. 01-10 §1(4.06), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Approval of a plat does not constitute acceptance by the City of the offer of dedication of any streets, sidewalks, parks or other public facilities shown on a plat. However, the City may accept any such offer of dedication by resolution of the Council or by actually exercising control over and maintaining such facilities.
Section 400.185 Protection Against Defects.
[R.O. 2011 §400.185; Ord. No. 01-10 §1(4.07), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A.
Whenever occupancy, use or sale is allowed before the completion of all facilities or improvements intended for dedication, then the performance bond or the surety that is posted pursuant to this Chapter shall guarantee that any defects in such improvements or facilities that appear within one (1) year after the dedication of such facilities or improvements is accepted shall be corrected by the developer.
B.
Whenever all public facilities or improvements intended for dedication are installed before occupancy, use or sale is authorized, then the developer shall post a performance bond or other sufficient surety to guarantee that he or she will correct all defects in such facilities or improvements that occur within one (1) year after the offer of dedication of such facilities or improvements is accepted.
C.
An architect or engineer retained by the developer shall certify to the City that all facilities and improvements to be dedicated to the City have been constructed in accordance with the requirements of this Chapter. This certification shall be a condition precedent to acceptance by the City of the offer of dedication of such facilities or improvements.
D.
For purposes of this Section, the term "defects" refers to any condition in publicly dedicated facilities or improvements that requires the City to make repairs in such facilities over and above the normal amount of maintenance that they would require. If such defects appear, the guaranty may be enforced regardless of whether the facilities or improvements were constructed in accordance with the requirements of this Chapter.
Section 400.190 Maintenance of Dedicated Areas Until Acceptance.
[R.O. 2011 §400.190; Ord. No. 01-10 §1(4.08), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
As provided in Article IV, all facilities and improvements with respect to which the owner makes an offer of dedication to public use shall be maintained by the owner until such offer of dedication is accepted by the appropriate public authority.