[R.O. 2017 § 405.010; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]
This Chapter shall be known and may be cited as the "City of Battlefield Subdivision Regulations."
[R.O. 2017 § 405.020; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]
A. 
Authority. This Chapter is adopted pursuant to the authority contained in Sections 89.010 to 89.480, RSMo.
B. 
Purpose. The regulations contained in this Chapter are adopted to protect and provide for the public health, safety and general welfare of the City of Battlefield; to provide for adequate light, air, open spaces and to protect from flooding and other dangers; to provide for adequate transportation and circulation throughout the City of Battlefield and to ensure the provision of adequate public infrastructure and improvements to serve the population; to prevent the pollution of water resources and to ensure the adequacy of drainage facilities; to encourage the orderly and beneficial development of the City of Battlefield and to promote good planning and land development practice; and to preserve and protect the value of land and buildings and to promote the efficient expenditure of public financial resources.
C. 
Relationship To Comprehensive Plan. The provisions of this Chapter shall be administered to ensure orderly growth and development of the City and shall supplement and implement the policies of the City of Battlefield Comprehensive Plan, other planning documents and land development regulations and the capital budget for public improvements.
[R.O. 2017 § 405.030; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]
This Chapter shall apply to the platting and subdivision of all land within the corporate boundaries of the City of Battlefield, Missouri, and to all improvements thereon.
[R.O. 2017 § 405.040; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]
A. 
Standards To Prevail. The provisions of this Chapter shall be considered the minimum requirements for the protection of the public health, safety and general welfare. Where the conditions imposed by any provision of this Chapter are either more restrictive or less restrictive than conditions imposed by any other provision of this Chapter or other applicable law ordinance, rule or regulation, the regulations which are more restrictive and which impose a higher standard shall govern.
B. 
Provisions Separable. The provisions of this Chapter are separable. If any Section, sentence, clause or phrase of this Chapter is for any reason held to be invalid by a court of competent jurisdiction, the decision shall not affect the remaining portions of this Chapter. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Chapter to a particular property, such judgment shall not affect the application of said provision to any other property.
[R.O. 2017 § 405.050; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]
A. 
Territorial Application. Except as hereinafter specified, these regulations shall apply to all land development within the City of Battlefield, including:
1. 
The division of any tract of land into two (2) or more tracts or lots.
2. 
Any land offered for sale, lease or development involving real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a building or other improvements (for example, condominium development).
3. 
The dedication or vacation of any public street, alley or easement.
4. 
Resubdivision of any tract of land or portion of a tract, vacant or improved.
5. 
Development of any subdivision for which a plat has been recorded in the office of the Greene County Recorder of Deeds prior to the effective date of this Chapter where development or improvements have not commenced within two (2) years after the effective date of this Chapter.
6. 
Construction on any tract that changes the pattern of stormwater runoff, the traffic pattern to the site and/or utility service to the site.
B. 
Exemptions To Regulations. The following divisions of land are exempt from these regulations:
1. 
Transfer of interest by inheritance or pursuant to court order.
2. 
Transfer of remainders resulting from the exercise of eminent domain or the threat thereof.
3. 
Foreclosure of a deed of trust or other security instrument.
4. 
The sale or exchange of parcels of land between owners of adjoining property if additional lots are not created.
C. 
Platting And Land Development. No land shall be developed or platted within the incorporated area of the City of Battlefield except in conformance with the provisions of this Chapter.
D. 
Recording Of Plat. The Greene County Recorder of Deeds shall not record a plat of any subdivision within the corporate boundaries of Battlefield unless the plat has been approved in accordance with the provisions of this Chapter. In the event any such unapproved plat is recorded, it shall be considered invalid and the Board of Aldermen shall institute proceedings to have the plat stricken from the records of the County pursuant to applicable State Statutes.
E. 
Sale Of Land. 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 Board of Aldermen or Planning and Zoning Commission and recorded in the office of the County Recorder unless the owner or agent shall disclose in writing that such plat has not been approved by the Board of Aldermen or Planning and Zoning Commission and the sale is contingent upon the approval of such plat by the Board of Aldermen or Planning and Zoning Commission. Any person violating the provisions of this Subsection 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. The City may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.
F. 
Development Permits. No development permit or certificate of occupancy shall be issued for any lot, parcel or tract of land which was created after the effective date of this Chapter and which is not in conformance with the provisions of this Chapter.
G. 
Excavation. No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with the provisions of this Chapter.
H. 
Plat Revisions. No changes, erasures, modifications or revisions shall be made on any plat of a subdivision after final approval has been given by the Board of Aldermen and endorsed in writing on the plat, unless the plat is first resubmitted to the Planning and Zoning Commission and the Board of Aldermen in accordance with the procedures proscribed herein.
[R.O. 2017 § 405.060; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]
A. 
Plat Vacation Authorized. Any plat or any part of any plat may be vacated by the owner at any time before the sale of any lot therein by a written instrument to which a copy of such plat shall be attached declaring the same to be vacated.
B. 
Board Of Aldermen Action. Such instrument shall be approved by the Board of Aldermen in like manner as plats of subdivisions. The Board of Aldermen may reject any such instrument that abridges or destroys any public rights in any of its public uses, improvements, streets or other public rights-of-way.
C. 
Plat Vacation After Sale Of Lots. Where lots have been sold, the plat may be vacated in the manner herein provided by all the owners of lots in such plat joining in the execution of such instrument.
[R.O. 2017 § 405.070; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]
This Chapter shall be in full force and effect from and after passage.
[R.O. 2017 § 405.080; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]
A. 
Fees Charged. Fees to cover the costs of administration, inspection, engineering review and similar matters may be charged to applicants for subdivision platting, appeals and variances. A list of all established fees related to this Chapter is contained in Appendix A to this Title IV.
B. 
Payment Of Fees. Unless otherwise specified in subsequent Sections of this Chapter, fees established in accordance with this Section shall be paid upon submission of a signed application by the applicant or by the party submitting a notice of appeal.