Columbia Subdivision of land procedures ordinance (§ 29-5.2)

(a) Applicability.

(1) The provisions of this section 29-5.2 shall apply to all divisions of land within the city into new or different lots for development, except as noted in subsection (2) below or as exempted by state or federal law or court decisions interpreting those laws.

(2)

A transaction involving the sale or exchange of small tracts or parcels of land to or between adjoining properties where such sale or exchange does not create additional lots or parcels for development does not reduce any area designated as a common lot or as common ground on a plat and does not otherwise violate this chapter shall be exempt from the requirements of this section 29-5.2. Transactions involving the sale or exchange of tracts or parcels of land which increase or decrease the total square footage of either the conveying or receiving lot by more than three (3) percent shall not be considered "small" for the purposes of this subparagraph. Small area transfers shall not involve any land which has been included in an approved preliminary plat but not final platted.

(b) General provisions.

(1) No street shall be constructed nor shall any street be accepted or maintained by the city, nor shall any street lighting, water or sewer service be extended to or connected, nor shall any building, electrical, plumbing, occupancy or other permit or license be issued for the construction of any building or improvement on land which does not meet the definition of "lot" in section 29-1.11. This requirement shall not apply to alterations of existing buildings that increase the gross floor area or building footprint by less than ten (10) percent of the existing footprint.

(2) All persons are hereby notified of the existence of the comprehensive plan of the city, as amended, and of any sites or areas within any proposed subdivision that may be designated on the comprehensive plan, as amended, as sites or areas for possible acquisition by condemnation or purchase by the city for public uses and purposes.

(3) The council may allow the subdivider to place notes on the plat that are explanatory or that impose obligations on the property owner or that restrict use of the property. Obligations and restrictions set forth in notes on a plat may be eliminated only by ordinance or resubdivision, and such obligations and restrictions shall not be eliminated unless the council determines that the elimination will not be detrimental to any land in the subdivision, to any neighboring property, or the general public health, safety, and general welfare of the city.

(4) The proposed name of the subdivision shall not duplicate or sound like the name of any other subdivision, any existing or platted street, or any established business or development in Boone County.

(5) The criteria for approval of a major, minor, or administrative subdivision is whether the proposed preliminary or final plat conforms to this chapter, the comprehensive plan, and to all other city ordinances and regulations.

(6) An application for subdivision of land shall include all land that the subdivider proposes to subdivide. All contiguous unplatted land, up to 80 acres, under single ownership or control shall be included as part of the preliminary plat. Nothing herein is intended to limit a subdivider from platting more than eighty (80) acres.

(7) An application for a final plat shall:

(i) Include either the entire subdivision, or a section thereof, which derives access from an existing road;

(ii) Be in substantial compliance with the preliminary plat, as approved;

(iii) Be accompanied by final construction plans for the requisite public improvements, drawn under the supervision of a registered professional engineer and attested to by his signature and seal, all in accordance with the applicable standards; and

(iv) Be accompanied by an improvements guarantee offered for acceptance by the Council, in a form satisfactory to the city counselor, or designee.

(8) Any request for deviation from the subdivision standards of section 29-5.1 shall be included in the preliminary plat application as a request for a "design adjustment". A recommendation on any request for design adjustment shall be made by the director and the commission, and shall be decided by council, simultaneously with review and final decision on the plat.

(9) If a design adjustment is requested, the director or commission may recommend approval of the design adjustment if it determines that the following criteria have been met, and the council shall consider these criteria in making a decision on the requested design adjustment:

(i) The design adjustment is consistent with the city's adopted comprehensive plan and with any policy guidance issued to the department by council;

(ii) The design adjustment will not create significant adverse impacts on any lands abutting the proposed plat, or to the owners or occupants of those lands;

(iii) The design adjustment will not make it significantly more difficult or dangerous for automobiles, bicycles, or pedestrians to circulate in and through the development than if the subdivision standards of section 29-5.1 were met;

(iv) The design adjustment is being requested to address a unique feature of the site or to achieve a unique design character, and will not have the effect of decreasing or eliminating installation of improvements or site features required of other similarly situated developments; and

(v) The design adjustment will not create adverse impacts on public health and safety.

(c) Procedure.

(1) Sequence of subdivision process.

(i) An applicant for a minor subdivision shall apply for and secure approval of the proposed subdivision through a two-step process including: (1) concept review, and (2) final plat.

(ii) An applicant for a major subdivision shall apply for and secure approval of the proposed subdivision through a three-step process including: (1) concept review, (2) preliminary plat, and

(3) final plat.

(iii) An applicant for an administrative subdivision shall apply for and secure approval of the proposed subdivision through a one-step process including: (1) administrative plat approval.

(iv) A tract split is an alternative to subdivision which is intended to allow for the initial division of large tracts of land and requires completion of the subdivision process (preliminary and final platting) prior to development of the property. An applicant for a tract split shall apply for and

secure approval of the split through a two-step process including: (1) concept review, and (2) tract split.

(2) Coordination with PD zoning. Whenever a proposed development plan for a PD district requires a subdivision of land, approval of the subdivision of land shall be required in addition to approval of the PD district and development plan. Subdivision review may be carried out simultaneously with the review of the development plan, and the required information may be included in a single document that serves as both a development plan and a preliminary plat, as described in the following procedure:

(i) An application for approval of a development plan for a PD district shall include all information normally required for submission and approval of a preliminary subdivision plat.

(ii) Commission review and recommendation of the preliminary plat shall be accomplished at the time of, and as a part of, its review and recommendation of the PD development plan.

(iii) Approval of the PD development plan shall constitute approval of the preliminary subdivision plat.

(3) Procedures by platting action.

(i) Concept review. Before preparing the preliminary plat of a major subdivision or the final plat of a minor subdivision, the subdivider shall discuss with the director the procedure for adoption of a subdivision plat and the requirements for general layout of streets, reservations of land, street improvements, drainage, sewerage, fire protection, utilities, the availability of existing services, and other similar requirements of this chapter or other city ordinances or regulations. The director shall also advise the subdivider, when appropriate, to discuss the proposed subdivision with those city officials who must recommend approval of certain aspects of the subdivision plat coming within their jurisdiction. The geographic scope of the review shall include the whole property held in common ownership for which whole or partial subdivision platting is desired by the subdivider, as well as the surrounding property that might reasonably be affected by subdivision of the subject property. The concept review is an informal discussion made available to the subdivider, and the subdivider may, after meeting with the director, proceed to prepare and submit a preliminary plat for a major subdivision or a final plat for a minor subdivision.

(ii) Preliminary plat.

(A)

The director shall refer each application for approval of a preliminary plat to the appropriate city departments, together with an indication of its tentative agenda placement before the commission, and shall receive reports from other departments as to the conformance of the proposed plat with this chapter and other city ordinances and regulations. If a design adjustment has been requested, the departments may comment on the proposed design adjustment.

(B) The director shall request the subdivider to make such changes to the plat as are necessary to comply with this chapter and other city ordinances and regulations, or to address any adverse impacts of a proposed design adjustment.

(C) The director shall forward the plat to the commission and advise the commission of the conformance or nonconformance of the plat with this chapter and other city ordinances and regulations. If a design adjustment has been requested, the director may advise the commission on any potential impacts of the requested design adjustment.

(D) The commission shall hold a public meeting on the preliminary plat and shall make a decision to recommend the plat (including any requested design adjustments) to council for approval, conditional approval, or denial. The applicant shall be advised in writing of the commission's recommendation.

(E) Within sixty (60) days after submission of a completed application for approval of a preliminary plat to the commission, the commission shall recommend approval or disapproval of the plat to the council, otherwise the plat is deemed a recommendation for approval by the commission (including any requested design adjustments), except that the director or commission, with the consent of the subdivider, may extend the sixty-day period.

(F) The council shall take action on the preliminary plat by resolution; however, an ordinance shall be required if any design adjustments have been requested. If the commission has recommended denial of the preliminary plat, the council, by a vote of not less than two-thirds of its entire membership, may overrule the disapproval. The council shall take action on an application for approval of a preliminary plat within forty-five (45) days after submission of a commission recommendation, otherwise the recommendation of the commission shall be deemed to be the recommendation of the council.

(G) Approval of a preliminary plat by the council shall confer upon the applicant for a period of five (5) years, beginning at the effective date of council approval, the following rights: 1) The terms and conditions under which the preliminary plat was given approval shall not be changed except as required in subsection 3) below.

2) The subdivider may submit on or before the expiration date a final plat for the whole or any part of the subdivision for approval.

3) Each final plat for land included in the preliminary plat application shall comply with any new technical or engineering standards or requirements adopted by council between the date of the preliminary plat approval and the date of each final plat application for land

included in the preliminary plat.

4) If the subdivider fails to submit a combined total of one-fourth (¼) of the preliminarily approved lots (in either a single or multiple) final plats before the expiration date, the preliminary plat approval shall expire and be of no force or effect. 5) The director may grant a one-year extension if no change to a city ordinance would require a change in the plat. Appeal for an adverse decision shall be made to the council. Any subsequent extensions shall be made to council for a specified period on such terms and conditions as the council may approve.

(iii) Final plat. Following the approval of the preliminary plat of a major subdivision or completion of the concept review for a minor subdivision, the subdivider may file an application for final plat approval in order to complete the subdivision process. The application shall be in substantial compliance with the approved preliminary plat.

(A) For a minor subdivision:

1) The director shall refer the application for approval of a final plat to the appropriate city departments, together with an indication of its tentative agenda placement before the council, and shall receive reports from the departments as to the conformance of the proposed plat with this chapter and other city ordinances and regulations. If a design adjustment has been requested, the departments may comment on the proposed design adjustment.

2) As a result of review by the other departments, the director shall request the subdivider to make such changes necessary to cause the plat to be in conformance with this chapter and other city ordinances and regulations. If a design adjustment has been requested, the director may advise the commission on any potential impacts of the requested design adjustment.

3) The commission shall make a decision to recommend the plat (including any requested design adjustments) to council for approval, conditional approval, or denial. The subdivider shall be advised in writing of the commission's recommendation. 4) The council shall take action on the plat (including any requested design adjustments) by ordinance within sixty (60) calendar days after its submission to the council, and failure of the council to act within that time period shall be deemed approval, except that the director or council may extend the sixty-day period to a stated future date with the

consent of the subdivider. If the commission has recommended denial of any requested design adjustments, the council, by a vote of not less than two-thirds (⅔) of its entire membership, may overrule the denial.

(B) For a major subdivision:

1) The director shall refer the application for approval of a final plat (including any requested design adjustments) to the appropriate city departments, together with an indication of its tentative agenda placement before the council, and shall receive reports from the departments as to the conformance of the proposed plat with this chapter and other city ordinances and regulations. If a design adjustment has been requested, the departments may comment on the proposed design adjustment.

2) As a result of review by the other departments, the director shall request the subdivider to make such changes necessary to cause the plat to be in conformance with this chapter and other city ordinances and regulations. If a design adjustment has been requested, the director may advise the commission on any potential impacts of the requested design adjustment.

3) When a subdivider has requested a design adjustment in conjunction with a request for major subdivision approval, the commission shall make a recommendation on the adjusted plat to council for approval, conditional approval, or denial. If there are no requested design adjustments, the plat shall be submitted directly to the city manager for council consideration. The subdivider shall be advised in writing of the commission's recommendation on the adjusted plat.

4) The director shall forward the plat to the city manager for council consideration and advise the council as to its conformance or nonconformance with this chapter and other city ordinances and regulations.

5) The city manager shall certify to the council whether the final plat is in accordance with the approved preliminary plat, whether the subdivider has requested any design adjustments which have been considered by the commission, and whether all conditions precedent established by the council have been met.

6) Following certification by the city manager to the council, the council shall take action on the final plat (including any requested design adjustments). The council shall take action by ordinance on the final plat within sixty (60) calendar days after its submission to the council, and failure of the council to act within that time period shall be deemed approval, except that the council may extend this period to a stated future date with the consent of the subdivider. If the commission has recommended denial of any requested design adjustments, the council, by a vote of not less than two-thirds (⅔) of its entire membership, may overrule the denial.

(iv)

Signing and recording. After council approval of a final plat, the mayor shall affix his signature thereto, and this shall be attested to by the city clerk, and the seal of the city affixed thereto. It shall be the responsibility of the city clerk to file the plat with the office of the county recorder of deeds. Simultaneously, the city clerk shall cause to be recorded all other documents required to be recorded with the plat, pursuant to council approval and as determined by the city counselor, or designee.

(d) Resubdivision or replat.

(1) Applicability. A change to an approved or recorded final plat shall require resubdivision. Only that portion of the plat being changed must be resubdivided. If approved, the applicant shall be required to prepare a revised final plat and the city clerk shall record the revised final plat before the revisions shall be in effect.

(2) Procedure for a major subdivision.

(i) If the director determines the proposed resubdivision is in substantial conformance with a valid approved preliminary plat, the subdivider shall apply for and secure approval of a revised final plat from council.

(ii) If the director determines that proposed resubdivision is a substantial change from the approved preliminary plat, the subdivider shall apply for and secure approval of a revised preliminary plat from the commission, and then approval of a final plat from council, to complete the resubdivision. At the subdivider's option, the preliminary and final plat documents may be submitted at the same time and may be reviewed and considered for approval by council at the same time.

(3) Procedure for a minor subdivision. The subdivider shall apply for and secure approval of a revised final plat from council, to complete the resubdivision.

(4) Criteria for approval. A resubdivision of land shall only be approved by the council if the council determines that:

(i) The resubdivision would not eliminate restrictions on the existing plat upon which neighboring property owners or the city have relied, or, if restrictions are eliminated, the removal of such restrictions is in the best interest of the public;

(ii) Adequate utilities, storm drainage, water, sanitary sewer, electricity, and other infrastructure facilities are provided to meet the needs of the resubdivision, or, there will be no adverse effect on such infrastructure facilities caused by the resubdivision; and

(iii) The replat would not be detrimental to other property in the neighborhood, or, if alleged to be detrimental, the public benefit outweighs the alleged detriment to the property in the neighborhood.

(5) Administrative plat.

(i) Applicability. The subdivider may file an administrative plat with the director, if the plat meets the following criteria:

(A) The plat does not create, vacate, or change the location and/or size of streets;

(B) The plat does not create any additional residential lot or mixed use lots that will contain residential uses;

(C) The plat does not combine more than two (2) lots;

(D) The plat does not create any lot, when lots are combined, that results in more than one hundred twenty (120) feet of a lot line along any one (1) street;

(E) The plat does not alter any area reserved for public use or any area designated as a common lot; and

(F) The plat does not eliminate any condition imposed by council.

(ii) Procedure.

(A) The director may approve the administrative plat if the director determines that the revised lots and application materials, including but not limited to any utility construction documents, easements, and performance guarantees, have been approved and comply with this chapter and all other city ordinances and regulations.

(B) On approval of the administrative plat, the director shall sign the plat and cause it to be recorded with the recorder of deeds.

(C) No occupancy permit shall be issued for property included in the administrative plat unless and until the requirements of this section are met and all required utility work is completed.

(D) In the event the director does not approve the administrative plat, the applicant may then prepare and submit an application for a minor or major resubdivision.

(e) Reserved.

(f) Tract split.

(1) Applicability. The tract split procedure is intended to simplify the orderly subdivision of large tracts of land for separate parcel sale through an administrative approval process. Preparation of a formal subdivision plat, commission review, and council approval are not required for a tract split, but will be required when the parcels resulting from a tract split are further divided into individual lots or prior to development.

(2) Procedure.

(i) The director shall complete a concept review of the application and consult with other city departments and public or quasi-public agencies as he may deem necessary to confirm compliance with this chapter and other city ordinances and regulations.

(ii) The director shall approve or disapprove the request, and notify the subdivider in writing of the decision, within fourteen (14) calendar days after application filing.

(iii) If the director determines that the application does not qualify for approval as a tract split, the application shall be treated as a minor or major subdivision, depending on the number of parcels being created and the need for improvements or dedication of land.

(iv)

The director, on approval of a tract split, shall certify to the recorder of deeds that the tract split survey complies with all the provisions of this chapter.

(v) Except as otherwise provided in this chapter, no permit for street or utility extension, nor permit for building development shall be issued for any of the parcels resulting from an approved tract split unless or until such parcel or portion of a parcel has been approved as a major or minor subdivision.

(3) Criteria for approval. The director may approve a tract split if the director determines that the following criteria have been met:

(i) The property shall be divided into not more than five (5) parcels.

(ii) Adequate provision has been made for future subdivision of the resulting parcels for development, for the opening of future streets to serve the parcels, and for the extension of utilities or related public improvements and facilities, as required by the procedures, and subject to the standards and criteria, in this chapter.

(iii) The resulting parcel configuration does not adversely affect development of the balance of the tract or parcels, or of adjoining properties, and does not conflict with any provision of the comprehensive plan, this chapter, or other city ordinances or regulations.

(g) Monuments.

(1) Monuments shall be selected from the types described by the "Missouri Standards for Property Boundary Surveys" of the Missouri Board for Architect, Professional Engineers, Professional Land Surveyors, and Professional Landscape Architects.

(2) Monuments shall be set or confirmed at all controlling corners on the boundary of the subdivision and all block corners, points of intersections, points of curvature and points of tangency within the subdivision.

(3) On an individual lot within a subdivision, monuments shall be set or confirmed at all the corners of the lot.

(h) Completion and dedication of improvements.

(1) Requirement. The subdivider shall be required to complete all public improvements and utilities required by the council, and upon completion shall dedicate such public improvements and utilities to the city, free and clear of all liens and encumbrances on the property, unless the existence of such liens and encumbrances are approved by the city. The subdivider shall construct and complete all required public improvements and utilities before approval of the final plat unless the subdivider provides adequate security to ensure completion of the subdivision improvements as set forth herein.

(i) If completion and dedication of improvements and utilities as described in subsection (a) above has not been completed prior to final plat approval, the Council may require a surety bond, escrow secured with cash, irrevocable letter of credit deposited with the city, or performance

agreement to secure actual construction and installation of the improvements and utilities to be completed within a reasonable period specified by the council and expressed in the bond or other security, in an amount and with reasonable conditions satisfactory to the council.

(ii) All required public improvements, including but not limited to streets and utilities, shall be installed or constructed in accordance with the design standards and requirements in this chapter and set forth in related public improvements standard specifications or policies established by the city departments charged with responsibility for those improvements.

(iii) Required improvements shall be inspected during construction and installation to ensure satisfactory completion of those improvements, in accordance with inspection requirements adopted by the council or by the city departments charged with responsibility for those improvements.

(iv) Approval of a final plat, and acceptance of improvements shown on that plat by the council, shall not prevent the council from causing public improvements to be enhanced, enlarged or upgraded, in order to accommodate a higher level of service demand resulting from any subsequent change in the use of land within the subdivision, whether by benefit assessment, agreement among the parties or by such other mechanism as may be available now or may subsequently become available to the council.

(2) Failure to complete improvements. If any improvement or utility is not completed or installed and duly accepted for dedication within the time period specified in the performance agreement or other security instrument, either by reason of incompletion or by reason of substandard construction, the council may, at its option:

(i) Declare any bond or other approved security instrument to be forfeited, pursue legal and equitable action to obtain necessary funds from the sureties, and cause satisfactory completion and installation of all improvements and utilities previously required;

(ii) Declare an applicable improvements guarantee agreement to be breached and pursue legal and equitable action to cause satisfactory completion and installation of the improvements and utilities;

(iii) The council may extend the time limit set for satisfactory completion of the improvements and utilities for one year upon the request of the subdivider and showing of a reasonable necessity for such extension. The council may approve no more than three (3) one-year extensions, and may approve no extension without a reasonable showing of the necessity for the extension. In the event that an extension of the time limit is granted, the council may require further financial assurances for completion in the form of a performance bond or other acceptable security instrument; or

(iv) Pursue any legal or equitable action necessary to ensure satisfactory completion of the improvements or utilities.

(3)

Reduction or release of guarantees. In those cases where a performance bond or other security instrument guarantee has been made to secure construction of public improvements, the amount of guarantee may be reduced upon public acceptance of dedicated portions of the required improvements. The amount of surety shall not be reduced to an amount less than the estimated cost of constructing the required improvements which have not yet been accepted by the city. In no case shall the amount retained by the city be less than five (5) percent of the original amount, pending completion and acceptance of all of the required improvements. Upon acceptance of the dedication of the final portion of the improvements, the city shall authorize the release of the remaining portion of the improvements guarantee.