Section 107-336; Ord. 19049; Amending Chapter 25 of the City Code (Subdivisions) as it relates to notes on plats, plat specifications, resubdivisions and self-imposed restrictions


Ordinance No. 19049                            Council Bill No. B 198-06


AN ORDINANCE

amending Chapter 25 of the City Code (Subdivisions) as it relates to notes on plats, plat specifications, resubdivisions and self-imposed restrictions; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

SECTION 1.    Chapter 25 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

Material to be deleted in strikeout; material to be added underlined.

Sec. 25-20.1.  Notes on plats.

(a)    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.

(b)    Obligations and restrictions set forth in notes on a plat may be eliminated only by ordinance or resubdivision.  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 or to any neighboring property.

. . .

Sec. 25-26. Preliminary plat specifications.

The preliminary plat shall be clearly and legibly drawn at a scale of not more than one (1) inch equals one hundred (100) feet under the supervision of a registered land surveyor or registered professional engineer, attested to by his seal and signature on the plat. The preliminary plat shall include the following information:

. . .

     (4)    Restrictions.
         a.    Any existing obligation or restriction affecting any part of the land to be subdivided that was set forth on a previous plat of the land.  Subdivider may omit any obligation or restriction that subdivider wishes to eliminate but the subdivider must then submit a letter with the application that identifies each omitted obligation or restriction and states the justification for the omission.

. . .

Sec. 25-28. Final plat specifications.

    (a)    The final plat shall be prepared under the supervision of a registered land surveyor and attested to by his signature and seal on the plat, in compliance with the current Missouri Minimum Standards for Property Boundary Surveys and to the following standards:

. . .

    (14)        Restrictions of record on the property which in the opinion of the director may affect the division and use of the land as contemplated by the subdivision.

     (15)        Any existing obligation or restriction affecting any part of the land to be subdivided that was set forth on a previous plat of the land.  Subdivider may omit any obligation or restriction that subdivider wishes to eliminate but the subdivider must then submit a letter with the application that identifies each omitted obligation or restriction and states the justification for the omission.

. . .

Sec. 25-30. Resubdivision.

(a)     Resubdivision shall be required to change an approved or recorded final plat if such change affects any street layout thereon, areas reserved thereon for public use, or any lot line, dimension or bearing, provided that areas reserved for public use and dedicated to the city on the plat may be vacated by the city council pursuant to applicable procedures. Only that portion of the plat being changed must be resubdivided.

. . .

(c)    A plat that resubdivides land shall be labeled a replat.

(d)    A resubdivision of land shall not be approved by the council if the council determines that:

(1)    The replat would eliminate restrictions on the existing plat upon which neighboring property owners or the city have relied; or

(2)    The replat would be detrimental to other property in the neighborhood and the detriment to the property in the neighborhood outweighs the benefits to the subdivider and the public.

. . .

Sec. 25-36. Self-imposed restrictions.

Any restrictions on any of the land contained in the subdivision greater than those required by this chapter or other city ordinances, which in the opinion of the director may affect the division and use of the land as contemplated by the subdivider, shall be indicated on the subdivision plat by a statement of such restrictions or by reference to the recordation of such restrictions in the office of the county recorder of deeds.   Any such restrictions may be eliminated only by ordinance or resubdivision.  Such restrictions shall not be eliminated unless the council determines that removal of such restrictions will not be detrimental to any land in the subdivision or to any neighboring property.

. . .

SECTION 2.    This ordinance shall be in full force and effect from and after its passage.

    PASSED this 5th day of June, 2006.