Conditions Precedent To Recording Plats.
After the Planning and Zoning Commission 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 the 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 City Council, and the Council has approved the plat as provided by law.
Time Frame For Approval, Disapproval Of Subdivision Plat.
Within sixty (60) days after submission of a subdivision plat to the Planning and Zoning 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-day period. The grounds of disapproval of any plat by the Commission shall be made a matter of record.
Approval Of Plat Not To Constitute Acceptance Of Dedication.
The approval of a plat by the Planning and Zoning 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.
Transfer, Sale Of Land Subdivided Prior To Approval Of Plat — Penalty.
No owner or agent of the owner of any land located within the platting jurisdiction of the 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 Council or the Planning and Zoning Commission, and recorded in the office of the 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 parcel of land 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. Such penalty shall be set by the City Council. The City may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.
Streets To Have Legal Status Prior To Construction And Acceptance.
Upon adoption of a Major Street Plan and subdivision regulations, the City shall not accept, lay out, open, improve, grade, pave or light any street, or lay or authorize the laying of water mains, sewers, connections or 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 Council or the Planning and Zoning Commission or on a street plan made by and adopted by the Commission. The Council 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 (2/3) of the entire membership of the City Council.
Restriction On Building Permit Issuance.
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 Planning and Zoning Commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of Section 405.170.
Restriction On Building Upon Acceptance Of Street Plan.
Whenever a plan for major streets has been adopted, the City Council, upon recommendation of the Planning and Zoning 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 Council 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 and Zoning Commission and adopted by the Council.