Chapter 402: PLANNING COMMISSION

Section 402.010. Definitions. [Ord. No. 240A §§1 — 2, 9-26-1968]

A. As used in this Chapter the following terms shall have these prescribed meanings:

BOARD OF ALDERMEN — The chief legislative body of the City of La Plata.

STREETS — Any public ways.

SUBDIVISION — The division of a parcel of land into two (2) or more lots, or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

B. The Board of Aldermen of the City of La Plata shall adopt, amend and carry out a City plan, and appoint a Planning Commission with the powers and duties herein set forth.

Section 402.020. Planning Commission — Members. [Ord. No. 240A §3, 9-26-1968]

The Planning Commission of the City of La Plata shall consist of nine (9) members, the Building Inspector and eight (8) citizens appointed by the Mayor and approved by the Board. All citizen members of the Commission shall serve without compensation. The term of each of the citizen members shall be for four (4) years, except that terms of the citizen members first appointed shall be for varying periods, so that the succeeding terms will be staggered. Any vacancy in membership shall be filled for the unexpired term by appointment as aforesaid. The Board may remove any citizen member for cause stated in writing, and after public hearing.

Section 402.030. Planning Commission — Duties. [Ord. No. 240A §4, 9-26-1968]

The Commission shall elect a Chairman and Secretary from among the citizen members. The term of Chairman and Secretary shall be for one (1) year, with eligibility for re-election. The Commission shall hold regular meetings and special meetings as they provide by rule, and shall adopt rules for the transaction of business, and keep a record of its proceedings. These records shall be public records. The Commission shall appoint the employees and staff necessary for its work, and may contract with City planners and other professional persons for the services that it requires. The expenditures of the Commission, exclusive of grants and gifts, shall be within the amounts appropriated for the purpose by the Board of Aldermen.

Section 402.040. City Plan. [Ord. No. 240A §§5 — 11, 9-26-1968]

A. The Commission shall make and adopt a City plan for the physical development of the City of La Plata. The City plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the Commission's recommendations for the physical development and uses of land, and may include, among other things, the general location, character and extent of streets and other public ways, grounds, places and spaces; the general location and extent of public utilities nd terminals, whether publicly or privately owned, the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; the general character, extent and layout of the replanning of blighted districts and slum areas. The Commission shall also prepare a zoning plan for the regulation of the height, area, bulk, location and use of private, non-profit and public structures and premises, and of population density.

B. In the preparation of the City plan, the Commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the City. The plan shall be made with the purpose of guiding and accomplishing a coordinated development of the City which will, in accordance with existing and future needs, best promote the general welfare, as well as efficiency and economy in the process of development.

C. The Commission may adopt the plan as a whole by a single resolution, or, as the work of making the whole City plan progresses, may from time to time adopt a part or parts thereof, any part to correspond generally with one (1) or more of the functional subdivisions of the subject matter of the plan. Before the adoption, amendment or extension of the plan or portion thereof, the Commission shall hold at least one (1) public hearing thereon. Fifteen (15) days notice of the time and place of such hearing shall be published in at least one (1) newspaper having general circulation within the City of La Plata. The hearing may be adjourned from time to time. The adoption of the plan requires a majority vote of the full membership of the Planning Commission. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the Commission to form the whole or part of the plan and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the Secretary of the Commission, and filed in the office of the Commission, identified properly by file number, and a copy of the plan or part thereof shall be certified to the Board of Aldermen and the City Clerk, and a copy shall be available in the office of the Macon County Recorder of Deeds and shall be available at the City Clerk's office during normal office hours.

D. All public officials shall, upon request, furnish to the Commission within a reasonable time, all available information it requires for its work. The Commission, its members and employees, in the performance of its functions, may enter upon any land to make examinations and surveys. In general, the Commission shall have the power necessary to enable it to perform its functions and promote City planning.

E. Whenever the Commission adopts the plan of the City of La Plata or any department thereof, no street or other public facilities, or no public utility, whether publicly or privately owned, and, the location, extent and character thereof having been included in the recommendations and proposals of the plan or portions thereof, shall be constructed or authorized in the City until the location, extent and character thereof has been submitted to and approved by the Planning Commission. In case of disapproval, the Commission shall communicate its reasons to the Board, and the Board, by vote of not less than two-thirds (⅔ of its entire membership, may overrule the disapproval and, upon the overruling, the Board or the appropriate board or officer may proceed, except that if the public facility or utility is one the authorization or financing of which does not fall within the province of the Board, then the submission to the Planning Commission shall be the board having jurisdiction, and the Planning Commission's disapproval may be overruled by that board by a vote of not less than two-thirds (⅔ of its entire membership. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale or lease of any street or other public facility is subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the Commission to act within sixty (60) days after the date of official submission to it shall be deemed approval.

F. The Commission shall have and perform all of the functions of the Zoning Commission provided for in Chapter 89, RSMo., and shall have and perform all of the functions of a Planning Commission as outlined in said Chapter.

G. After the Planning Commission of the City of La Plata adopts a City plan which includes at least a major street plan or progresses in its City planning to the making and adoption of a major street plan, and files a certified copy of the major street plan in the office of the Recorder of Deeds of Macon County, then no plat of a subdivision of land lying within the City shall be filed or recorded until it has been submitted to and a report and recommendation thereon made by the Commission to the Board of Aldermen, and the Board has approved the plat as provided by law.

Section 402.050. Public Hearing. [Ord. No. 240A §12, 9-26-1968]

Before adoption of any subdivision regulations, or any amendment thereof by the Board of Aldermen, a duly advertised public hearing thereon shall be held by the Board.

Section 402.060. Approval or Disapproval. [Ord. No. 240A §§13 — 14, 9-26-1968]

A. Within sixty (60) days after submission of a subdivision plat to the Commission, the Commission shall approve or disapprove the 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 (60) day period. The ground of disapproval of any plat by the Commission shall be made a matter of record.

B. The approval of a plat by the Commission does not constitute or effect an acceptance by the City or public of the dedication to public use of any street or other ground shown upon the plat.

Section 402.070. Transfer of Land Restricted — How. [Ord. No. 240A §15, 9-26-1968]

No owner or agent of the owner of any land located within the planning jurisdiction of the City of La Plata, 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 or Planning Commission, and recorded in the office of the Macon County Recorder. Any person violating the provisions of this Section 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. Said penalty shall be set by the Board of Aldermen. The City of La Plata may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.

Section 402.080. Major Street Plan — Adoption. [Ord. No. 240A §§16 — 18, 9-26-1968]

A. Upon adoption of a major street plan and subdivision regulations, the City of La Plata shall not accept, lay out, open, improve, grade, pave or light any street, lay or authorize the laying of water mains, sewers, connections and other utilities in any street within the City unless the street has received the legal status of a public street prior to the adoption of a City plan; or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the Board or the Planning Commission, or on a street plan made by and adopted by the Commission. The Board may locate and construct or may accept any other street if the ordinance or other measure for the location and construction or for the acceptance is first submitted to the Commission for its approval, and approved by the Commission or, if disapproved by the Commission, is passed by the affirmative vote of not less than two-thirds (⅔ of the entire membership of the Board of Aldermen.

B. After the adoption of a major street plan, no building permit shall be issued for and no building shall be erected on any lot within the territorial jurisdiction of the Commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements above-described.

C. Whenever a plan for major streets has been adopted, the Board of Aldermen upon recommendation of the Planning Commission, is authorized and empowered to establish, regulate and limit and amend, by ordinance, building or setback lines on major streets, and to prohibit any new building being located within building or setback lines. When a plan for proposed major streets or other public improvements has been adopted, the Board may prohibit any new building being located within the proposed site or right-of-way when the center line of the proposed street or the limits of the proposed sites have been carefully determined and are accurately delineated on maps approved by the Planning Commission and adopted by the Board.

Section 402.090. Penalty. [Ord. No. 240A §19, 9-26-1968]

Any person violating the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by confinement in the County Jail for not more than one (1) year, or by both such fine and imprisonment.

Chapter 405: SUBDIVISIONS

Section 405.010. Approval of Plat Prerequisite to Recordation — Sale of Lots Prohibited Prior to Approval of Plat. [CC 1984 §43.010]

No land shall hereafter be subdivided and no street or public street shall hereafter be laid out within the City until the plan, or plat of such subdivision, street or other public space shall have been submitted to and approved by the Board of Aldermen. Such approval must be in writing or stamped on such plan or plat. Any person hereafter subdividing any piece or parcel of land, block or lot, sublot or any part thereof in the City, shall make a map or plat thereof, and before recording the same in the Recorder's office of the County, shall submit it, with a duplicate thereof, to the Planning and Zoning Commission for its recommendations to the Board of Aldermen; thereafter, the map or plat thereof shall be submitted in duplicate to the Board of Aldermen for approval or rejection. If approved, such approval shall be certified thereon, and signed by the Mayor and attested by the City Clerk. No such map or plat shall be valid or entitled to record until it shall have been approved as set forth herein. The duplicate of such plat shall be kept on file with the Clerk and no such map or plat shall be approved as set forth in this Section, until the same shall have been properly certified by a surveyor and acknowledged by the owners. No lot, tract or parcel of land within any such subdivision shall be offered for sale, nor shall any sale, contract for sale or option be made or given until such subdivision has been formally approved as set forth in this Section.

Section 405.020. Installation of Improvements Prerequisite to Approval of Plat — Approval of Improvement Plan Prerequisite to Commencement of Work. [CC 1984 §43.020]

No plat of any subdivision shall be approved unless all street and sidewalk pavements and water and sewer mains have been installed or provision has been made to insure such installation, in compliance with this Code or other ordinances of the City. No improvements, such as water supply, drainage, sewerage, sewage disposal, gas service, electric service and lighting, grading, painting or surfacing of streets, shall hereafter be made within any such subdivision, by any owner or his/her agent, or by the public service corporation at the request of such owner or his/her agent, until the plans for such subdivision and the plans for such improvements have been formally approved by the Board of Aldermen. Such approval shall not be given in any instance hereinabove named unless all the plans and specifications and all the proposed work conforms to the requirements of this Chapter.

Section 405.030. Payment of Taxes Prerequisite to Recordation of Plat. [CC 1984 §43.030]

All taxes and assessments platted must be paid before the plat shall be recorded.

Section 405.040. General Requirements. [CC 1984 §43.040]

A. In general, the minimum requirements for the subdivision of land and laying out of streets and other public space shall be as follows, but such requirements are not exclusive and may be amended at any time by the amendment of this Chapter:

All plans submitted for approval shall be in triplicate drawn to a scale of not more than one hundred (100) feet to the inch and shall be clearly and neatly drawn. Preliminary or tentative plans may be first submitted before the final plans are prepared.
All final plans shall show the proposed street lines, sidewalks and sidewalk lines, lot lines, building lines and all property or subdivision boundaries. They shall show, in accordance with an accurate land survey, the controlling points and lines around and within the subdivision itself and also by distance, bearings and angles, the relation of such controlling points and lines to the other controlling points within or near the City. All survey monuments shall be indicated, and there shall be at least one (1) permanent monument placed at each property corner of the subdivided area and at least one (1) at each street intersection. Such monuments shall be placed when the surveys are made and shall consist of one (1) inch iron pipe driven at least two (2) feet into the ground and preferably imbedded in concrete.
Sufficient topography shall be shown to indicate the natural drainage and the probable finished grades of streets. All existing and proposed streets, alleys and other public spaces shall be shown, with the width and type of pavement or surface and all other important features. Sufficient information shall be drawn to scale on the plans to indicate the relation of the proposed streets and other public spaces to the public street system of the City and also the official City Plan, when and after such City Plan has been adopted.
Whenever any stream or important surface drainage course is located in an area that is being subdivided, the subdivider shall provide an adequate easement along each side of the stream for the purpose of widening, deepening, sloping, improving or protecting the stream or drainage course.
All necessary facilities shall be installed, sufficient to prevent the collection of surface water in any low spot and to maintain any natural watercourse.
The dimensions of all lots, subdivisions and resubdivisions of lots shall be shown.
The proposed use of each lot or group of lots or subdivisions shall be indicated. No lots shall be proposed for the use of a classification lower than the zoning plan. The north point and scale shall be shown and the names and addresses of the petitioner and the engineer or surveyor shall be given on each plan.
Whenever improvements are proposed within any such subdivision or any such street or other public space, detailed plans, profiles and at least outlines of specifications of such improvements shall be likewise submitted in triplicate. Such plans and specifications shall show or indicate every essential detail of such improvements.
One (1) copy of all such plans, profiles and specifications shall be filed with the City Clerk, one (1) shall be preserved in the files of the City and a third (3rd) shall be returned to the petitioner, all with approval or disapproval of the Board of Aldermen clearly indicated.

Section 405.050. Engineering Standards — Appearance. [CC 1984 §43.050]

All improvements shall conform to the best engineering standards. Due consideration shall be given throughout to the appearance of the subdivision, and the various features within its own boundaries and also in its environment in the City.

Section 405.060. Sewer and Water Lines — Minimum Requirements. [CC 1984 §43.060; Ord. No. 833 §1, 10-22-2002]

A. In general, the minimum requirements for the water and sewer line improvements in subdivisions are as follows, but such requirements are not exclusive and may be amended at any time by the amendment of this Chapter and all requirements shall be in compliance with Missouri Department of Natural Resources at the time the subdivision is planned:

All water lines shall be a minimum of forty-eight (48) inches under ground before and after groundwork is finished.
All water lines shall be a minimum of six (6) inches in diameter; and all water lines shall be PVC SCH. 40 with ring-type joints. All water mains shall be looped or planed to be looped. All City blocks within the subdivision shall have resilient seal water valves upon the water mains to isolate any given City block.
The subdivider shall provide and install all fire hydrants and such hydrants shall be installed so no house or building shall be over three hundred sixty (360) feet from a fire hydrant. Said hydrants shall be steamer connection hydrants capable of supplying as much water volume as the water main produces, said hydrants shall be installed with resilient seal water valves to isolate hydrant from the water main.
All sewer lines shall be a minimum of eight (8) inches in diameter; all sewer lines shall be PVC SCH. 40 with water tight joints; all sewer lines shall be a minimum of twenty-four (24) inches underground after finish ground work and shall have a two (2) inch fall per one hundred (100) feet of sewer line; and a "proper manhole" or "cleanout" every three hundred sixty (360) feet and at the end of all sewer mains. "Proper manhole" meaning Missouri Department of Natural Resources approved.
All manholes, sewer and water lines shall be bedded on undisturbed earth, sewer line shall be placed on small rock chips three-eighths (⅜ inch and covered with same rock chips.
All sewer lines and water lines shall be a minimum of ten (10) feet apart.
All sewer lines shall be laid straight line of sight from manhole to manhole and should be installed per laser sight level.
The subdivider shall provide as-built plans for all utilities.
The City Water and Sewer Department personnel shall inspect all water and sewer lines prior to backfilling and an inspection fee per the time involved but no less than twenty dollars ($20.00) per inspection. Inspection shall include visual of joints, correct fall and proper installation. Final inspection shall include air pressure testing, mantel pull and candling plus any other test the Missouri Department of Natural Resources requires.
The subdivider shall pay for and install all materials per utilities within the subdivision and shall connect his/her water and sewer lines to the nearest existing water and sewer lines at his/her own cost.

Section 405.070. Sewer and Water Lines — Fee for Connection to City Mains. [CC 1984 §43.070]

No subdivision shall be connected with the sewer or water mains of the City unless there is paid to the City the sum of five dollars ($5.00) per lot for connection with the water mains and five dollars ($5.00) for connection with the sewer mains.

Section 405.080. Streets. [CC 1984 §43.080]

A. Width. The minimum width for any street shall be fifty (50) feet, except by special permit for purely local drivers. Through streets and every street more than six hundred (600) feet long shall be at least sixty (60) feet wide.

B. Half Streets. When adjoining undeveloped property, a half street may be dedicated.

C. Alleys — Easements. The minimum width of any alley, when provided, shall be fifteen (15) feet. Where alleys are not provided, easements may be required along lot lines of or across lots where necessary for the extension of water mains, sewer and similar purposes.

D. Continuation Of Existing Streets. The arrangement of streets in subdivisions shall make provision for the direct continuation of the principal existing streets and adjoining subdivisions, or their proper projection where adjoining property is not subdivided, insofar as they may be necessary for public requirements. In general, such streets shall be of a width at least as great as the existing streets. The street and alley arrangement must also be such as to provide opportunity for use and access by adjoining property owners.

E. Dead-Ends. Whenever a street is stub-ended so that it will not at that end open into another street, an adequate turnaround, either circular or Y-shaped, shall be provided.

F. Grade. Grades of streets shall be the lowest feasible and no grade shall be in excess of five percent (5%) on through traffic streets or more than ten percent (10%) on any other street.

G. Surfacing. All streets shall be paved or surfaced with a blacktop surfacing or pavement and shall be of a type and strength suitable for the volume and character of traffic to be expected.

Section 405.090. Lots. [CC 1984 §43.090]

A. Business And Industrial. No lots shall be subdivided or indicated for sale as business or industrial lots, except at points designated for these uses on the zoning plan of the City, and the front street line of all such business lots shall be placed not less than fifty-four (54) feet from the center of the street on which they front.

B. Size. All lots shall be sufficiently wide and deep to permit full conformity with zoning ordinances of the City.

C. Curb Corners. At important intersections and at all corners, the property corner shall be rounded or cut off. All curb corners shall have radii of not less than twelve (12) feet and at important corners not less than twenty-four (24) feet.

Section 405.100. Parks, Playgrounds and School Sites. [CC 1984 §43.100]

In subdividing, due consideration shall be given to suitable sites for parks, playgrounds and schools.

Section 405.110. Sales Contract to Be Furnished to City. [CC 1984 §43.110]

A copy of the subdivider's sale contract restrictions shall be furnished to the City before final approval of the subdivision plan. Such contract shall relate that the lot or lots contracted for are subject to the zoning, building and subdivision regulations of this Code or other ordinance of the City.

Section 405.120. Dedication of Streets, Easements, Etc. [CC 1984 §43.120]

The subdivider shall furnish to the City an effective dedication of all streets and other public spaces to be dedicated, and of all easements provided by the subdivision plan or plat, and an ordinance for the acceptance of such streets, public spaces and easements.