HomeMy WebLinkAboutOrd.5124.10-01-2018 BILL NO. 18-139 ORDINANCE NO. t5/0?Y
AN ORDINANCE AMENDING SECTION 25-1227 OF THE
CODE OF ORDINANCES OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, REGARDING PRELIMINARY
PLATS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1 . Section 25-1227 of Article XII of Chapter 25 of
the Code of Ordinances of the City of Cape Girardeau, Missouri,
reading as follows :
Sec . 25-1227 . - Review of preliminary plat by commission.
The commission shall review the preliminary plat as soon as
practicable, and:
(a) If the preliminary plat is satisfactory, the secretary
of the commission shall forward it to the city council
together with the recommendation of the commission for
approval .
(b) If the preliminary plat is unsatisfactory, the
commission shall give notice to the submitting party
in writing, setting forth the conditions causing the
disapproval, and the unsatisfactory conditions shall
be remedied prior to further consideration by the
commission.
(c) If the unsatisfactory conditions are not remedied
within thirty (30) days of such notice, the secretary
of the commission shall forward the preliminary plat
to the city council together with the recommendation
of the commission for:
(1) Disapproval; or
(2) Conditional approval based on correction of
specific unsatisfactory conditions .
(d) If no recommendation from the commission is received
by the city council within forty-five (45) days of
date of submission of preliminary plat to the
commission, and no adverse report has been given to
the submitting party by the commission, it shall be
assumed to have been approved, and the city council
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may proceed with their review of the preliminary plat
in accordance with section 25-1228 .
(e) Whenever a preliminary plat includes a proposed
establishment of common land, a trust indenture shall
be recorded simultaneously with the record plat which
shall provide for the proper and continuous
maintenance and supervision of such common land by
trustees to be selected and to act in accordance with
the terms of such indenture and the common land shall
be deeded to the trustees under such indenture by
general warranty deed. Any alteration of the common
land or improvement will require the submission of
detailed improvement plans and will be considered a
required improvement.
is hereby repealed in its entirety and a new Section 25-1227 of
Article XII of Chapter 25 of the Code of Ordinances of the City
of Cape Girardeau, Missouri, is hereby enacted in lieu thereof,
in words and figures, to read as follows, to-wit :
Sec. 25-1227 . - Review of preliminary plat by commission.
The commission shall review the preliminary plat as soon as
practicable, and:
(a) If the preliminary plat is satisfactory, the secretary
of the commission shall forward it to the city council
together with the recommendation of the commission for
approval .
(b) If the preliminary plat is unsatisfactory, the
commission shall give notice to the submitting party
in writing, setting forth the conditions causing the
disapproval, and the unsatisfactory conditions shall
be remedied prior to further consideration by the
commission.
(c) If the unsatisfactory conditions are not remedied
within thirty (30) days of such notice, the secretary
of the commission shall forward the preliminary plat
to the city council together with the recommendation
of the commission for:
( 1) Disapproval; or
(2) Conditional approval based on correction of
specific unsatisfactory conditions .
(d) If no recommendation from the commission is received
by the city council within forty-five (45) days of
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date of submission of preliminary plat to the
commission, and no adverse report has been given to
the submitting party by the commission, it shall be
assumed to have been approved, and the city council
may proceed with their review of the preliminary plat
in accordance with section 25-1228 .
ARTICLE 2 . If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
ARTICLE 3 . It is the intention of the governing body and
it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of the
City of Cape Girardeau, Missouri, and the sections of this Code
may be renumbered to accomplish such intention.
ARTICLE 4 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS DAY OF \�Q,\\cl , 2018 .
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Bob Fo , Mayor
ATTEST :
ruce Tay r, Deputy City Clerk
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