§ 406.010. General.

A. 

Purpose. The subdivision design and improvement standards of this Chapter are intended to control subdivision activity in order to promote public safety, health, and general welfare of the community. These regulations are specifically designed to:

1. 

Provide for orderly growth and harmonious development of Blue Springs consistent with established policies of the City.

2. 

Secure proper arrangement of streets for efficient traffic circulation through the coordination of existing and planned streets, Comprehensive Plan, public facilities, and adjoining developed land.

3. 

Achieve lots of maximum utility and viability laid out and of size so as to be in harmony with existing and proposed development of the area.

4. 

Secure adequate provisions for water, drainage, sanitary sewer facilities based upon City, State, and Federal requirements.

5. 

Provide open space, recreation areas, school sites, and other public facilities.

6. 

Carry out the City's responsibilities under State law to review and approve all plats and subdivision of real estate.

B. 

Exemptions. The regulations of this Chapter shall not apply in the following instances:

1. 

The division of any parcel or tract of land when the smallest parcel created is greater than forty (40) acres;

2. 

An adjustment in the boundary between adjoining land (lot line adjustments) if the adjustment does not create an additional or substandard lot or necessitate new roadway construction or right-of-way dedication, and provided further that a survey of the adjustments is recorded with the Recorder of Deeds of Jackson County;

3. 

Land used or taken for street or railroad right-of-way, a drainage easement or other public utilities subject to local, State or Federal regulations, where no new street or easement of access is involved, or for a cemetery;

4. 

Any lot, parcel, or tract of land located within the area governed by this Development Code which was subdivided, resubdivided or replatted prior to January 21, 1980. However, any further resubdivision of into units or lots, parcels or tracts must be done in accordance with this Development Code;

5. 

Any transfer by operation of law; and

6. 

Agriculture (limited or general) uses on site of at least forty (40) acres.

C. 

Design Criteria And Construction Standards (Design And Construction Manual) — Adoption, Amendment And Rescission.

1. 

Authority To Adopt Standards And Specifications. The Director of Public Works, hereinafter "Director," is hereby authorized to propose, adopt, amend or rescind standards and specifications regarding the design, construction, and access to the streets, sidewalks, alleys or other public ways, the storm water system, the sewerage system of the City, and right-of-way management standards contained within the City of Blue Springs Design and Construction Manual.

2. 

Procedure For Proposing, Adopting, Amending, Or Rescinding Standards And Specifications.

a. 

No proposed standard or specification promulgated pursuant to the authority of Subsection (C)(1) above shall be adopted, amended or rescinded unless:

(1) 

Notice of a proposed adoption, amendment or rescission of any specification or standard is posted in the office of the City Clerk along with three (3) copies of the entire proposed specification or standard or rescission and an explanation of the proposed adoption, rescission or the change to an existing specification or standard. Such notice shall include a statement that any person may file a statement in support of or in opposition to the proposed adoption, amendment or rescission with the Director of Public Works within thirty (30) days of filing with the office of the City Clerk.

(2) 

Notice of the proposed adoption, amendment or rescission shall be published twice in a newspaper of general circulation in the City. Publication shall be on the same day of the week and on two (2) consecutive weeks. Such notice shall include:

(a) 

An explanation of the proposed adoption, amendment or rescission;

(b) 

A notice that any person may file a statement in support of or in opposition to the proposed adoption, amendment or rescission with the director within thirty (30) days of date of first publication of such notice; and

(c) 

A notice that copies of the text of the proposed adoption, amendment or rescission are on file in the office of the City Clerk for public review.

(3) 

Within fifteen (15) days following the end of the public comment period the Director shall file findings and explanations that discuss any public comments received with the City Clerk along with any amendments to the original proposed adoption, amendment or rescission. Any such findings, explanations and amendments shall be forwarded to each person having made comment on the original adoption, amendment or rescission. In the event that the Director fails to file the findings, explanations and any desired amendments within the required fifteen-day period, the proposed adoption, amendment or rescission shall be deemed abandoned.

(4) 

Within ten (10) days after filing findings, explanations, and any amendments to the original proposed adoption, amendment or rescission, the director shall issue and file with the office of the City Clerk a final order of adoption, amendment or rescission which shall include a complete copy of the final text of the adoption, amendment or rescission order. The final order of adoption, amendment or rescission shall become final ten (10) days after filing with the office of the City Clerk.

(5) 

In the event that the Director has received no comment at the end of the public comment period described in Subsection (C)(2)(a)(2) above, the Director shall within ten (10) days issue and file with the City Clerk a final order of adoption, amendment or rescission which shall include a complete copy of the final text of the order of adoption, amendment or rescission. This final order shall become final ten (10) days after filing with the office of the City Clerk.

b. 

The procedure for adopting, amending or rescinding any standard or specification promulgated under the provisions of this Section shall be the same as the procedure for adopting a new standard or specification as described in Subsection (C)(2)(a)(2) above.

c. 

The Director is hereby authorized to issue changes regarding standards and specifications contained within the Design and Construction Manual on an emergency basis if, in the opinion of the Director, the adoption of such a change is necessary to protect the health, safety, and welfare of the citizens of Blue Springs. Such emergency changes shall be effective only during the interim period between the initiation of the formal adoption, amendment or rescission process above and the adoption of the final adoption, amendment or rescission, provided that:

(1) 

No such change shall be effective for longer than ninety (90) days except that any emergency change may be extend for one (1) thirty-day period; and

(2) 

Such emergency change shall state in clear and specific terms the facts and reasons constituting the emergency and the danger to the health, safety, and welfare of the citizenry.

3. 

Council Authority To Amend Or Rescind. The Council of the City of Blue Springs, Missouri, may, by ordinance, amend or rescind any standard or specification adopted pursuant to Subsection (C)(2) above.

4. 

Appeal.

a. 

Any person aggrieved of any decision of the Director or by the application of any adoption, amendment or rescission promulgated pursuant to Subsection (C)(2) above shall first file a request for reconsideration with the Director within thirty (30) days of the date such person becomes aware of the application of the standard or specification or within thirty (30) days of the decision of the Director. Such request shall state what relief is desired. The Director shall issue a decision within fifteen (15) business days from the receipt of the reconsideration request. Such decision shall be mailed first-class, return receipt requested to the address provided by the person aggrieved.

b. 

Any person remaining aggrieved after receipt of the Director's decision may make an application for review to the City Administrator upon the same basis as the request was made to the Director.

c. 

Any person aggrieved of any decision of the Director after review of the City Administrator may appeal to a court of competent jurisdiction as provided by law.

5. 

Fees. Fees for permits issued pursuant to this Chapter are established as forty dollars ($40.00).

6. 

Penalty.

[Ord. No. 4637 § 7, 12-19-2016]

a. 

No person shall knowingly violate any standard, specification or order adopted or issued by the Director pursuant to Subsection (C)(2) above.

b. 

Any person pleading guilty or having been found guilty of violating Subsection (C)(6)(a) above shall be subject to a fine not to exceed the amount set out in Section 100.080(C).

c. 

Each day a violation of Subsection (C)(6)(a) continues shall constitute a separate violation.

Editor's Note: The City of Blue Springs Design and Construction Manual is on file in the City offices.

R.O. 1996 § 406.010; Ord. No. 4558 § 1, 8-3-2015