Willard City Zoning Code
ARTICLE XIV
Plans, Plats and Other Required Information
Section 400.1140 General Requirements.
[Ord. No. 020227 §1(14.1), 2-27-2002]
Applications and materials submitted under the provisions of this Chapter shall conform to the specifications contained in this Article. Plans, plats and other information submitted shall be prepared by qualified personnel in accordance with the requirements of this Article.
Section 400.1150 Plot Plan.
[Ord. No. 020227 §1(14.2), 2-27-2002; Ord. No. 101228D §5, 12-28-2010]
Section 400.1160 Site Plan.
[Ord. No. 020227 §1(14.3), 2-27-2002; Ord. No. 040913 §1, 9-13-2004; Ord. No. 101228D §5, 12-28-2010]
A.
The site plan submitted should provide sufficient information to determine whether the proposed development is in compliance with these regulations. The site plan shall include the following information:
1.
Minor site plan. Three (3) copies shall be submitted.
a.
The name and address of the applicant.
b.
The owner's name and address, including trustees and, if different from the applicant, the owners signed consent to the filing of the application and authorization for the applicant to act in his/her behalf.
c.
Date of application submittal.
d.
Street address or common description of the property.
e.
The proposed use or uses and a general description of the proposed development.
f.
A legal description and a survey, certified by a registered land surveyor, showing property boundary lines and dimensions; and all easements, roadways, rail lines and public rights-of-way, any part of which cross or are adjacent to and affect the subject property; and that all necessary easements can be obtained.
g.
An approximate north arrow and scale.
h.
The zoning classification and present use, if any, of the subject property.
i.
The general location and approximate dimensions of all vehicular and pedestrian circulation elements, including streets, driveways, entrances, curb cuts, parking and loading areas and sidewalks, including slope and gradient of vehicular elements.
j.
The location and size of existing public water and sewer utilities on and adjacent to the site and location of fire hydrants.
k.
The location, designation and total area of all useable open space.
l.
Location, size, use and arrangement of all proposed buildings and computations showing height in stories and feet, floor/area ratio, total floor area, total square feet of ground area coverage of proposed and existing buildings which will remain, if any, and building separations.
m.
All existing or other drainage facilities, including size and dimensions of flow.
n.
The location, size and arrangement of all proposed outdoor signs.
o.
A landscaping plan in accordance with Article VIII and drawings of proposed screening or buffer plantings and types of materials or plantings used.
p.
A soil erosion control plan for the period during which construction will be taking place and after construction is complete.
q.
Any other information that may be required by the City to determine that the application is in compliance with this Chapter.
2.
Major site plan. Fifteen (15) copies shall be submitted.
a.
The name and address of the applicant.
b.
The owner's name and address, including trustees, and, if different from the applicant, the owners signed consent to the filing of the application and authorization for the applicant to act in his/her behalf.
c.
Date of application submittal.
d.
Street address or common description of the property.
e.
The proposed use or uses and a general description of the proposed development.
f.
A legal description and a survey, certified by a registered land surveyor, showing property boundary lines and dimensions; and all easements, roadways, rail lines and public rights-of-way, any part of which, cross or are adjacent to and affect the subject property; and that all necessary easements can be obtained.
g.
An approximate north arrow and scale.
h.
The zoning classification and present use, if any, of the subject property.
i.
The general location and approximate dimensions of all vehicular and pedestrian circulation elements, including streets, driveways, entrances, curb cuts, parking and loading areas and sidewalks, including slope and gradient of vehicular elements.
j.
The location and size of existing and proposed public water and sewer utilities on and adjacent to the site and location of fire hydrants.
k.
The location, designation and total area of all useable open space.
l.
Location, size, use and arrangement of all proposed buildings and computations showing height in stories and feet, floor/area ratio, total floor area, total square feet of ground area coverage of proposed and existing buildings which will remain, if any, and building separations.
m.
All existing and proposed storm sewers or other drainage facilities, including size and dimensions of flow.
n.
The location, size and arrangement of all proposed outdoor signs.
o.
A landscaping plan in accordance with Article VIII and drawings of proposed screening or buffer plantings and types of materials or plantings used.
p.
A soil erosion control plan for the period during which construction will be taking place and after construction is complete.
q.
In the case of any use for which a conditional use permit has been granted, any information necessary to demonstrate compliance with all conditions imposed by the conditional use permit.
r.
Any other information that may be required by the City to determine that the application is in compliance with this Chapter.
Section 400.1170 Sketch Plan.
[Ord. No. 020227 §1(14.4), 2-27-2002; Ord. No. 040913 §1, 9-13-2004; Ord. No. 101228D §5, 12-28-2010]
A.
A sketch plan shall be submitted for all minor or major subdivisions. The sketch plan is intended to be conceptual in nature and, while accuracy and legibility are essential, the submission of detailed plans at the sketch plan stage is discouraged. The material submitted should provide sufficient information to determine general compliance with these regulations.
B.
The sketch plan shall be drawn to an approximate scale (one (1) inch equals one hundred (100) feet). Eight (8) eleven-inch-by-seventeen-inch and three (3) twenty-four-inch-by-thirty-six-inch copies of the sketch plan shall be submitted.
[Ord. No. 131104F §1, 11-4-2013]
C.
The sketch plan shall contain:
1.
Name and address of the developer.
2.
Tract boundary and principal features within one thousand (1,000) feet.
3.
The proposed name of the subdivision and location by section, township and range.
4.
Approximate north point and scale.
5.
The approximate total acreage of the proposed subdivision.
6.
Existing streets adjacent to the tract, including the width of rights-of-way.
7.
The tentative street and lot arrangement.
8.
Existing utilities.
9.
Existing drainage ways.
10.
Unique topographical and physical features.
Section 400.1180 Preliminary Plat.
[Ord. No. 020227 §1(14.5), 2-27-2002; Ord. No. 040913 §1, 9-13-2004; Ord. No. 101228D §5, 12-28-2010]
A.
The preliminary plat application shall be accompanied by three (3) black line or blue line print paper copies of the preliminary plat submitted on twenty-four-inch-by-thirty-six-inch sheets. The plat shall be drawn at a scale no greater than one hundred (100) feet to the inch and which is in increments of ten (10) feet. There shall also be fifteen (15) black line or blue line print paper copies of the preliminary plat, submitted on eleven-inch-by-seventeen-inch sheets.
[Ord. No. 130610D §5, 6-10-2013]
B.
The preliminary 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 Greene County Registry.
2.
The name(s) and address(es) of the subdivision owner or owners.
3.
Date of preliminary plat submittal.
4.
Surveyor's name, registration number and survey date.
5.
Property description of the subdivision.
6.
Approximate north arrow and the scale in which the plat is drawn.
8.
Vicinity map, showing the location of the proposed subdivision and all streets, roads and municipal boundaries existing within one thousand (1,000) feet of any part of the property to be subdivided.
9.
Contours at vertical intervals of ten (10) feet. Datum shall be referenced to the appropriate U.S.G.S. topographic maps.
10.
Approximate tract boundaries.
11.
The names and locations of immediately adjoining subdivisions and the names of immediately adjoining property owners.
12.
The general location and approximate dimensions of any existing street right-of-way intersecting or paralleling the boundaries of the tract, as well as the distance from the centerline of adjacent streets to the tract boundaries.
13.
The general location and approximate dimensions of any easements existing within or adjacent to the tract boundaries.
14.
The name, location and dimension of all existing streets, roads, railroads, public sewers, aqueducts, water mains and feeder lines, gas, electric and oil transmission lines, watercourses, detention areas, drainage easements and other significant features within five hundred (500) feet of any part of the property to be subdivided.
15.
The approximate location and extent of all existing structures and tree masses within the tract.
16.
The full plan of development detailing the following information on a single sheet:
a.
The location of all proposed and existing streets, roads, easements, parks, playgrounds and other public areas and facilities, sewer and water facilities and storm sewers or other drainage facilities.
b.
Lot lines and the approximate dimensions of all lots and lot numbers in consecutive order.
c.
All street and other areas designated for pertinent facilities, public use or proposed to be dedicated or reserved for future public use, including the conditions of such dedications.
d.
Where applicable, the location of all State or Federal fly zones.
17.
A draft of any proposed private restrictions, including boundaries of each type of restriction. Where applicable, a draft of restrictive covenants governing the use and maintenance of all common areas, improvements and facilities.
18.
All storm sewers or other drainage facilities with the size and material of each indicated and any proposed connection to existing facilities.
19.
The location, size and material of any capped sewers, house connections, mains and laterals and proposed connection with existing facilities.
20.
Records of a title search indicating any existing covenants on the land to be subdivided. This may be provided as a separate statement.
Section 400.1190 Final Plat.
[Ord. No. 020227 §1(14.6), 2-27-2002; Ord. No. 060313 §1, 3-13-2006]
A.
The final plat shall be drawn in waterproof ink on mylar at a scale of one hundred (100) feet or less to the inch. When more than one (1) sheet is used for any plat, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets. The applicant shall submit two (2) mylar and two (2) black line or blue line copies of the plat on sheet size of twenty-four (24) inches by thirty-six (36) inches and fifteen (15) paper copies on sheet size of eleven (11) inches by seventeen (17) inches. The applicant shall also submit the plat in an electronic format acceptable to the City.
[Ord. No. 130610D §5, 6-10-2013]
B.
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 Greene County Registry. If the name of the final plat is different from the approved preliminary plat, the preliminary plat name shall be noted on the final plat.
2.
The name(s) and addresses(s) of the subdivision owner(s).
3.
Date of final plat submittal.
4.
The township, County and State where the subdivision is located.
5.
The name of the surveyor, the surveyor's registration number and survey date.
6.
Scale in which the plat is drawn in feet per inch or scale ratio and bar graph.
7.
True north arrow.
8.
All boundary lines with lengths and courses to hundredths of a foot and bearings to half minutes (to be determined by survey with an error of not less than 1:5000).
9.
The exact location and the width along the property line of all existing recorded streets intersecting or paralleling the boundaries of the tract.
10.
Monuments shall be located and accurately described on the plat. Control stations should be based on State Plane Coordinates for the Missouri Central System of 1983.
11.
Accurate location and material of all permanent reference monuments, complying with the latest Missouri Minimum Standards for Property Boundary Surveys.
12.
The length of all arc-radii points of curvature and tangent bearings.
13.
Street and alley lines (their names, bearings, angles of intersection and widths, including the widths along the line of any obliquely intersecting street).
14.
All lot lines with dimensions in feet and hundredths and with bearings and angles to minutes if other than right angles to the street and alley lines.
15.
All easements and rights-of-way with the limitations of the easement rights stated on the plat.
16.
For any required off-site easements, evidence of signed and recorded easement and signed verification from the property owner from whom the off-site easement was obtained that all conditions of installation of improvements have been met.
17.
Lots numbered in consecutive order. Plats with more than one (1) block shall also be numbered in consecutive order. In the case of resubdivision of lots in any block, the resubdivided lots shall be designated by their original number prefixed with the term most accurately describing such division or they shall be designated numerically, beginning with the number following the highest lot numbered in the block.
18.
All watercourses.
19.
Sight triangles for intersections, setback lines as fixed by the Zoning Map or major street plan and any other setback lines established by public authority.
20.
Accurate dimensions of existing public land and of all property to be dedicated or reserved for public use.
21.
Private covenants, if any, including boundaries of each type of restriction. Where applicable, restrictive covenants are required governing the use and maintenance of all common areas, improvements and facilities. If applicable, a signed statement of conveyance of all common areas and facilities to the appropriate public agency or cooperative association.
22.
The names and locations of adjoining subdivisions and the location and ownership of adjoining unsubdivided property.
23.
Any changes or conditions required by the Board of Aldermen in the approval of the preliminary plat.
25.
If applicable, a statement indicating that the land lies within an approved planned development district.
26.
If parkland fee is not paid, the final plat must reflect the dedication of all parkland/recreation area development.
C.
The application for final plat shall also be accompanied by a notarized statement verifying that taxes on the property are not delinquent.
Section 400.1200 Certificates For Final Plats.
[Ord. No. 020227 §1(14.7), 2-27-2002]
A.
All final plats shall contain the following endorsed certificates:
1.
Certificate of Ownership and Dedication.
(Owner's Name), hereby certify that (I am or we are) the owner(s) of the property described hereon, which property is located within the City of Willard, Missouri, that (I or we) freely adopt this plan of subdivision and dedicate and convey to the public for public use all areas shown on this plat as streets, alleys, rights-of-way, walks, parks, easements and other public places, except those common areas specifically denoted and that (I or we) will maintain all such areas until the offer of dedication is accepted by the appropriate public agency. (I or we) further certify that there are no suits, actions, liens or trusts on the property conveyed herein. | ||
Date | Owner Signature | |
2.
Acknowledgment.
STATE OF MISSOURI | ) | |||
) | SS | |||
COUNTY OF GREENE | ) | |||
On this ______ day of _______________, 20___, before me personally appeared ____________________, to me known, who, duly sworn, did say that they are the persons described herein and that the same executed the foregoing instrument as their free act and deed. In witness whereof, I have hereunto set my hand and affixed my official seal in my office in ____________________, Greene County, Missouri. | ||||
Notary Public | (SEAL) | |||
My Commission Expires | ||||
3.
Certificate of Survey and Accuracy.
Know All Men By These Presents: | |||
|---|---|---|---|
That I, _______________, do hereby certify that this plat was prepared under my supervision from an actual survey of the land herein described, prepared by _______________ dated _______________ and signed by _______________ L.S. No. _______________ and that the monuments and lot corner pins shown herein were placed under the personal supervision of _______________ L.S. No. _______________ in accordance with the Missouri Minimum Standards for Property Boundary Surveys and the Subdivision Regulations of Willard, Greene County, Missouri. | |||
Signature | L.S. No. | Date | |
4.
Certificate of Approval — Planning and Zoning Commission.
I hereby certify that the subdivision as shown on this survey has been approved by the City of Willard, Missouri Planning and Zoning Commission this _____ day of _______________, 20____. | |
|---|---|
Executive Secretary |
5.
Certificate of Approval — Board of Aldermen.
I, (Name), City Clerk of Willard, Greene County, Missouri, hereby certify that the subdivision shown on this survey was accepted and approved by the Board of Aldermen of the City of Willard by Ordinance No. __________ on the_____ day of _______________, 20____. | |
|---|---|
(SEAL) City Clerk |
6.
Recorder's Certificate.
I, _______________, Recorder of Greene County do hereby certify that the within instrument of writing was on the _____ day of _______________, 20____. AD at ______ o'clock ______ Min ______ M duly filed for record and is recorded in the records in this office in Book ______ at page______ In testimony whereof, I have hereunto set my hand and affixed my official seal at my office in Springfield, Missouri, this _____ day of _______________, 20____. |
Section 400.1210 Required Engineering Report.
[Ord. No. 020227 §1(14.8), 2-27-2002]
A.
Four (4) copies of a report signed and sealed by a registered engineer shall be submitted with the preliminary plat that shall provide a study of the following items as pertaining to the proposed subdivision:
3.
Ground stability. If the proposed subdivision is in a mined area, a ground stability report shall be provided.
4.
Traffic analysis and street capacity.
a.
Description of the types of traffic expected and the effects on existing roads.
b.
Traffic counts for each outlet from the proposed subdivision in vehicles per day. If available, traffic counts available from the Missouri Department of Transportation (MoDOT) may be used if said traffic counts are less than one (1) year old and are considered reasonably reliable by the City and MoDOT.
c.
The traffic analysis must extend from the proposed subdivision to the nearest arterial. Existing traffic counts may be estimated from a study of the area served by the subject road or by counting vehicles consistent with good engineering practice.
d.
Evaluation of the capacity of the existing and proposed road system.
e.
A listing of each proposed street by name and functional classification. Proposed right-of-way and design specifications must be indicated.
f.
If the proposed development is within one thousand (1,000) feet of a school or park, the traffic analysis shall include evaluation of need for pedestrian ways through the development.
Section 400.1220 Required Construction Plans.
[Ord. No. 020227 §1(14.9), 2-27-2002; Ord. No. 040913 §1, 9-13-2004]
A.
Upon approval of the preliminary plat by the Board of Aldermen, the applicant shall prepare the required construction plans. All plans shall meet the requirements of Chapter 405 Design Standards for Public Improvements. Four (4) copies of each of the following plans shall be submitted for Commission review prior to or concurrent with the final plat application.
Section 400.1230 Common Open Space and Common Improvement Regulations.
[Ord. No. 020227 §1(14.10), 2-27-2002; Ord. No. 071210 §§1 — 2, 12-27-2007; Ord. No. 101228D §5, 12-28-2010]
A.
General Provisions. The regulations set forth in this Section shall apply in all developments where the following features are held in common ownership by persons owning property within a development.
1.
All lands in common open space, not a part of individual lots, designed for the mutual benefit of a group of persons owning property within a development, where such lands are not dedicated to or conveyed for public use whether or not such lands are required by the provisions of this Article; and
2.
All private streets, driveways, parking facilities and building or portions thereof, as may be provided for the common use, benefit and/or enjoyment of the occupants of the development; whether or not such improvements are required by the provisions of this Article.
B.
Subdivision Approval Required. All subdivision of property containing common open space and common improvements shall originally be classified as a major subdivision and subject to review in accordance with the provisions of Article XIII of Willard's Land Development Regulations. Amendments or revisions to an approved subdivision plat containing common open space and common improvements may be classified as a minor subdivision in accordance with the City's subdivision regulations.
C.
Property Owner's Association. If common open space and common improvements are not dedicated to and accepted for public use, they shall be protected by legal arrangements, satisfactory to the Planning and Zoning Commission and the City Attorney sufficient to assure their maintenance and preservation for whatever purpose they are intended. Covenants or other legal arrangements shall specify ownership of the common open maintenance, taxes and insurance; compulsory membership and compulsory assessment provision; and guarantees that any association formed to own and maintain common open space and common improvements will not be dissolved without the consent of the City; and other specifications deemed necessary by the City Attorney, Planning and Zoning Commission and Board of Aldermen.
D.
Covenants, Rules And Bylaws. The Director of Development, City Administrator and the City Attorney shall review and approve the restrictive covenants, rules and bylaws of the unit ownership as prepared in accordance with this Section. This approval shall be obtained before any final plat is recorded or final site plat approved. Such documents, once approved, shall become part of the recorded subdivision plat or approved site plan.
E.
Content Of Covenants And Restrictions. The covenants and restrictions, when submitted, shall specify the ownership of the common open space and common improvements, shall be prepared in accordance with this Section, shall provide for establishment of the condominium or homeowners'/ property owners' association or trust prior to the sale of any part of the property; for the method of maintenance; that open space restrictions and maintenance shall be permanent; that the homeowners/ property owners are liable for the payment of maintenance fees and capital assessments; that unpaid homeowners'/property owners' fees and assessments will be a lien on the property of the delinquent homeowners/property owners; that the association or trustee shall be responsible for liability insurance, taxes and perpetual maintenance; that membership shall be mandatory for each homeowner/property owner and any successive buyer; that each homeowner/property owner, at the time of purchase, shall be furnished with a copy of the approved restrictions or conditions; and that any association or trust formed to own and maintain common open space and common improvements will not be dissolved without the consent of the City. In addition, such covenants and restrictions shall provide that in the event the association fails to maintain the common areas, opens space/ improvements or should be dissolved for any reason and the common areas and space/improvements are not maintained in reasonable condition, the City may enter and maintain same in accordance with the procedure set forth in Subsection 400.1230(F) and assess the costs ratably against the properties within the development that have a right to enjoy or use the common area or open space/improvements, which assessment shall constitute a lien against such properties.
F.
Maintenance Of Common Open Space And Common Improvements.
1.
If the Planning and Zoning Commission and Board of Aldermen determines that the public interest requires assurance concerning adequate maintenance of common open space areas and improvements, the Planning and Zoning Commission and Board of Aldermen may require that the restrictive covenants, rules and bylaws creating the unit ownership shall provide that if the unit owners establish and maintain such common open space/improvements or any successor unit owners shall at any time after establishment of the development fail to maintain the common open space/improvements in reasonable order and condition in accordance with the approved plans, the City may serve a notice in writing upon such unit owners. Said notice shall describe how the unit ownership has failed to maintain the common open space/improvements in reasonable condition, shall require that such deficiencies of maintenance be remedied within thirty (30) days thereof and shall state the date and place of a public hearing. Said hearing shall be held within twenty (20) days of notice.
2.
At such hearing the Board of Aldermen may modify the terms of the original notice concerning the deficiencies and may grant an extension of time to remedy these deficiencies.
3.
If said deficiencies are not corrected, the City may enter upon said common open space and maintain the same for one (1) year in order to preserve the taxable values of the properties within the development and to prevent the common open space/improvements from becoming a public nuisance.
4.
Said entry and maintenance shall not grant the public any rights to use the common open space/ improvements unless the owners voluntarily dedicate the same to the public and such dedication is accepted by the City.
5.
Before the expiration of said one (1) year period and upon its initiative or upon the request of the unit owners theretofore responsible for the maintenance of the common open space/improvements, the Board of Aldermen shall call a public hearing upon notice in writing to such organization or to owners of the unit ownership. At said hearing, the unit owners shall show cause why such maintenance by the City shall not, at the election of the Board of Aldermen, continue for a succeeding one (1) year period.
6.
If the Board of Aldermen determines that said unit ownership is ready and able to maintain the common open space/improvements in reasonable condition, the City shall cease to maintain the common open space/improvements at the end of said one (1) year period.
7.
If the Board of Aldermen determines that such organization is not ready and able to maintain the common open space/improvements in a reasonable condition, the Board of Aldermen may, at its discretion, continue to maintain the common open space/improvements during the next succeeding year, subject to a similar hearing and determination in each year thereafter.
8.
The rules and bylaws creating the unit ownership shall further provide that the cost of such maintenance by the City shall be assessed ratably against the individual properties within the development that have a right of enjoyment of the common open space/improvements. This assessment shall become a charge on said properties and such charge shall be paid by the owners of said properties within thirty (30) days after receipt of same. Such assessments shall constitute a lien against all properties within the unit ownership.
G.
Maintenance Responsibility.
1.
Except as provided in Subsection (F), the City shall not be responsible for the maintenance of any common open space/improvements required by this Article.
2.
Initial maintenance of the common open space/improvements within a development shall be the responsibility of the developer. The restrictive covenants, rules and bylaws of the unit ownership may prescribe a method for transfer of maintenance responsibility to a duly constituted property owners' association. In the event no method for transfer or maintenance responsibility is prescribed, the developer shall retain this responsibility until fifty percent (50%) of the development has been sold to the unit owners, or other clients. When at least fifty percent (50%) of the development has been sold, the established unit ownership, comprised of the development's unit owners, shall be deemed the common open space/improvements and such owners shall become fully responsible for its maintenance and upkeep.
3.
The maintenance responsibilities of the developer listed in this Section shall be specifically indicated in a letter or agreement between the developer and the City. The developer shall submit said letter to the Planning and Zoning Commission and Director of Planning and Development at the time of final plat review. All principal access shall be from an arterial highway or street and no truck traffic shall be routed through any adjacent residential areas. Streets through adjacent residential areas shall not be used to provide principal access for truck traffic to any non-residential use in this district except on streets classified as expressways, arterials or collectors.
H.
City Of Willard Rights. Notwithstanding any other provision to the contrary within these covenants and in conjunction with the powers granted to the City of Willard under Chapter 400, as amended, readopted or recodified from time to time, which is incorporated herein, in the event for any reason the association should fail to maintain any common area or areas or in the event the association should be involuntarily dissolved and the lot owners fail to maintain such common area or areas, then the City shall have the right and full authority and ability to intercede and maintain the common areas and assess the City's costs of same to the lot owners within the subdivision or any lot or parcels previously served by the association or any of the common areas of the subdivision on a pro rata basis of square footage of the lots involved and such shall run as a lien against the lots. The City shall be given the power provided herein, as well as any other remedy available to it under law, to set and enforce such assessments to pay for the maintenance of or abatement of any nuisance contained in any common area or areas. The association may not be dissolved without the written consent of the Mayor of the City.