LA3506-405

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Chapter 405

SUBDIVISION OF LAND

Section 405.010. Procedural Requirements. [Ord. No. 311 §1, 11-8-1997]

Whenever a subdivider intends to develop land and before he prepares a plat, he shall appear before the Board of Aldermen to discuss his intent to develop and to discuss the type of development anticipated. At the time, the Board of Aldermen shall advise the developer of the content of these regulations governing development of land and other plans of the City then in effect.

Section 405.020. Plat Requirements. [Ord. No. 311 §2, 11-8-1997]

A. Before the Board of Aldermen shall approve a plat for record, the subdivider shall show the following information on his plat or plats:

1. Name of subdivision.

2. Boundary of subdivision with description of property.

3. Name and address of owner or owners.

4. Acreage in subdivision tract.

5. Date, map, scale and North arrow.

6. Dimensions of street right-of-way, block, parcel and lot lines and subtended angles.

7. Bearings of all lands not parallel or perpendicular to lines of known bearing. Interior angles of lots may be shown in lieu of bearings. All bearings shall be referred to true North.

8. Location of monuments.

9. Location of building lines.

10. Legal description, lot and block.

11. The lines of all proposed streets and alleys with their respective widths and names.

12. Certificate of approval of the Board of Aldermen.

13. A certificate by the surveyor on whose survey the boundaries of the proposed subdivision and the lines, locations, and dimensions shown by the final plat are based. This certificate shall attest the accuracy of the survey and the correct showing thereof by such plat of the locations of all monuments, and shall give a true description of the boundaries of the subdivision. The certificate shall be in form and language substantially as follows:

SURVEYOR’S CERTIFICATE

I, _________________________, County Surveyor of Audrain County, Missouri (or other proper designation if he be not said official surveyor), certify that on the _____ day of _____ day of __________, 20_____, I surveyed the land that constitutes the proposed ____________________ Subdivision that is shown by the plat on the paper on which this certificate is inscribed; that said survey was accurately made and is correctly represented by said plat; that the locations of all monuments shown on said plat are correctly shown; and that a true description of the boundaries of said subdivision is as follows”

“(description of tract boundary lines)”

I make this certificate on the _____ day of __________, 20_____.

__________
Surveyor

14. An affidavit of ownership and a dedication deed by the owner, which instrument shall identify the plat and contain the owner’s dedication of all streets and alleys and all parks and other open spaces shown thereon, to public use forever. The owner, by deed, shall grant also all easements required and noted on the plat. The affidavit and dedication deed shall be in form and language substantially as follows:

AFFIDAVIT OF OWNERSHIP
and
DEDICATION DEED

_________________________ (name of owner), of lawful age and first having been duly sworn, states on oath that he is the owner of the land described in the Surveyor’s Certificate inscribed on this plat; that, to the affiant’s best knowledge and belief, no other person and no corporate body or public agency has any right, or any title or mortgage interest, in said land; and that owner has caused said tract of land to be surveyed and divided into lots as shown on this plat, the name of said tract to be ____________________ Subdivision; and said owner hereby dedicates to the public use forever, as streets, the areas shown as such on said plant and grants to the City of Laddonia and future owners of lots in said subdivision perpetual easements in said land, as shown on said plat, for the construction and maintenance of utilities by said City for the benefit of present and future owners and residents of said lots.

IN WITNESS WHEREOF, said owner(s) subscribe(s) this instrument on the _____ day of __________, 20_____.

__________

__________

STATE OF MISSOURI

)

) SS.

County of Audrain

)

On this _____ day of __________, 20_____, before me personally appeared _______________________ (and his wife, ______________________, both) known to me to be the person(s) described in, and who signed, the foregoing instrument, and declared on his or her oath that ______________________ (name of owner) is (are) the owner(s) of the land described in the Surveyor’s Certificate inscribed in this plat and that, to _______________ best knowledge and belief, no other person and no corporate body or public agency has any right, or any title or mortgage interest, in said land. Said person(s) so appeared before me also acknowledged that __________ executed said instrument as __________ free act and deed.

My Commission extends to _______________________

__________
    Notary Public for said
    County of said State

If such affidavit and deed are being made on behalf of a corporation, they and the certificate of acknowledgment shall be in form and language appropriate for such purpose.

15. A prepared certificate for the City Clerk to sign after approval of the final plat by the Board of Aldermen, to attest such approval and the date and manner thereof. Such certificate shall be in form and language substantially as follows:

CITY CLERK’S CERTIFICATE

I, _________________________, City Clerk of the City of Laddonia, Missouri, certify that the _________________________ Subdivision plat on the paper on which this certificate is inscribed was examined by the Board of Aldermen of said City and thereafter was approved by Ordinance No. _____ on the _____ day of __________, 20_____.

IN WITNESS WHEREOF, I subscribe this certificate and affix thereto the official seal of the City on the _____ day of __________, 20_____.

__________
CITY CLERK

Section 405.030. Scale. [Ord. No. 311 §3, 11-8-1997]

Plans shall be prepared on sheets no larger than twenty-four (24) inches by thirty-six (36) inches and no smaller than twelve (12) inches by eighteen (18) inches at a scale of not more than one (1) inch equals two hundred (200) feet on linen or other suitable drafting medium. When more than one (1) sheet is needed, an index or a key sheet shall be provided.

Section 405.040. Monuments. [Ord. No. 311 §4, 11-8-1997]

Steel rods three-fourth (3/4) inch in diameter and thirty-six (36) inches long shall be placed with the top flush to the ground at all points or boundary intersection streets. The location of all monuments shall be indicated on the plat filed for record. Steel roads one-fourth (1/4) inch in diameter will be placed at all lot corners, flush to the ground.

Section 405.050. Conformance With Official Plans. [Ord. No. 311 §5, 11-8-1997]

A. The subdivision plat shall conform to all official plans currently in effect.

B. For a period of twelve (12) months after the subdivider indicated his intent to subdivide, the Board of Aldermen may require the subdivider to reserve sites for public use indicated on an officially adopted plan to permit the Public Board, Commission, or both, having jurisdiction or financial responsibility the opportunity to acquire said sites either through purchase, taking of option, or the filing of condemnation proceedings under the power of eminent domain.

Section 405.060. Streets. [Ord. No. 311 §6, 11-8-1997]

A. The character and location of all streets shall conform with official plans including minimum width of rights-of-way [sixty (60) feet]. The Board of Aldermen may permit adjustments of the location of major streets due to topographical conditions and public convenience and safety.

B. For streets not indicated on official plans, the arrangement of streets in the subdivision may provide for the continuation of appropriate projection of existing principal streets in surrounding area except where topographical or other conditions make continuance or conformance to existing streets impractical.

C. The location and alignment of local service streets should be such that their use by through traffic will be discouraged. All alleys shall be dedicated to the City. All alleys shall have a minimum of twenty (20) feet right-of-way.

D. Street intersections should be, insofar as practical, at right angles.

E. Street jogs and center-line offsets of less than one hundred twenty-five (125) feet should be avoided.

F. Street grades should be of sufficient slope to insure drainage of storm- or surface water into natural man-made ditches.

Section 405.070. Water. [Ord. No. 311 §7, 11-8-1997]

Where public water is available to the subdivision, each lot in the subdivision shall be provided water, at subdivider’s expense. Each lot shall be served by three-fourth-inch line. The water main shall be four (4) inches. No three-fourth-inch lines will serve more than one (1) lot.

Section 405.080. Sanitary Sewers. [Ord. No. 311 §8, 11-8-1997]

A. Where sanitary sewers are available to the subdivision, each lot in the subdivision shall be provided sanitary sewers, at subdivider’s expense. Each lot shall be served by a four-inch line. The sewer main shall be eight (8) inches. No four-inch lines shall serve more than one (1) lot.

B. When the subdivision cannot be served by an existing sanitary sewer, the disposal of sewage shall be provided in accordance with the policies and standards established by the City.

Section 405.090. Street Improvements. [Ord. No. 311 §9, 11-8-1997]

A. Streets shall be provided by the subdivider as follows:

1. Minimum width of pavement: twenty (20) feet.

2. Pavement of four-inch concrete or six-inch asphalt with a crown or additional two-inch thickness.

3. Foundation of six (6) inches gravel.

Section 405.100. Installation of Required Improvements. [Ord. No. 311 §10, 11-8-1997]

A. The subdivider shall provide one of the following in respect to any improvement if improvements are required.

1. Evidence of installation of improvements in the form of a certificate containing the signatures of the proper official or officials as to compliance.

2. A performance bond based on equal value of the estimated cost of the improvements.

3. A deposit with the City of a sum equal to the estimated cost of the improvements. The developer may be permitted to draw on his deposit upon satisfactory completion of various stages of his improvements.

B. The Board of Aldermen shall designate the official or officials who shall be responsible for certifying proper installation of required improvements.

Section 405.110. Requirements For Plat Approval. [Ord. No. 311 §11, 11-8-1997]

A. The Board of Aldermen shall require the following of the developer for plat approval:

1. The preparation of an official plat, or map, suitable for filing, containing date required by Section 405.020.

2. If the plat is to be for only a portion of the land intended for immediate development, at least a sketch layout for the entire area to insure that the purposes and intent of these regulations are complied with.

3. Evidence of installation of improvements where required.

4. Conformance with all other provisions of these regulations.

Section 405.120. Enforcement. [Ord. No. 311 §12, 11-8-1997]

A. After the effective date of these subdivision regulations:

1. No plat shall be accepted for record unless approved by the Board of Aldermen.

2. No utility (publicly or privately owned) shall extend its facilities to service an area within the City limits unless one of the following applies:

a. The extension is to an area where a subdivision plat of record existed prior to the effective date of these regulations.

b. The extension is to an area where a plat of record has been approved by the Board of Aldermen.

c. Installation of utilities, or acceptance of a performance bond in the amount of the estimated cost of the utilities, is required before the plat can receive approval for filing for record. In this event, the Board of Aldermen will grant the utilities permission to extend facilities in accordance with specified plans; however, no building permit will be provided until all utilities are installed and accepted.

3. No deed shall be accepted for record by the County Recorder pertaining to land within the corporate City limits unless said deed is referenced to a plat of record or represents a transfer of unplatted land in its entirety without subdivision.

4. Use of unapproved plat in sale of land — penalty — vacation or injunction of transfer. No owner, or agent of the owner, of any land located within the platting jurisdiction of this City, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the Board of Aldermen and recorded in the office of the appropriate county recorder unless the owner or agent shall disclose in writing that such plat has not been approved by such Board of Aldermen and the sale is contingent upon the approval of such plat by such Board of Aldermen. Any person violating the provisions of this Subsection shall forfeit and pay to the City a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The City may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.