[1]
Editor's Note: Ord. No. 08-16 § 1, adopted 8-19-2008, repealed §§ 405.140 — 405.190 and enacted new provisions set out herein. Former §§ 405.140 — 405.190 were adopted 10-15-2002 by Ord. No. 02-19 §§ 1 — 5.
[R.O. 2017 § 405.140; Ord. No. 08-16 § 1, 8-19-2008]
As used herein, the following terms and phrases are defined as follows:
LOT RECONFIGURATION
The reconfiguration or the adjustment of boundary lines with respect to lots which have been previously created pursuant to a major or minor subdivision process. Lot reconfigurations shall include all of the following:
1. 
Lot Split. The dividing of a previously platted lot into two (2) separate lots, each of which has direct access to a public street and each of which meets all zoning and subdivision regulations, including density requirements, of the zoning district in which the property lies. No lot may be split if such split will require the extension of any public water or public sewer system, or will require the installation or construction of drainage and/or stormwater detention improvements, or if the lot was formed as the result of a previously undertaken minor subdivision process.
2. 
Lot Combination. The combination of two (2) or more existing lots into a single lot, where each such existing lot was created as the result of a previously approved and recorded subdivision platting process. Each such lot must be located within the same zoning district pursuant to the City's zoning and subdivision regulations. No lots may be combined if such combination will require the extension of any public water or sewer system or will require the installation or construction of drainage and/or stormwater detention improvements.
3. 
Property Line Adjustments. The adjustment of the boundary lines of lots which have been created as the result of a previously approved and recorded subdivision platting process. Property line adjustments may result in the addition or elimination of the number of lots contained in a previously platted and approved subdivision or may result in the same number of lots as existed prior to the adjustment procedure, except that the boundary lines of lots created pursuant to a minor subdivision process may not be adjusted so as to provide for the creation of any additional lot. Property line adjustments may not be undertaken if any such adjustment will require the extension of any public water or sewer system or will require the installation or construction of drainage and/or stormwater detention improvements.
MINOR SUBDIVISION
The division of a parcel or tract of land which has not been previously subdivided or platted, and after application of the minor subdivision process:
1. 
Does not result in the creation of more than four (4) lots or any lot which will be smaller than five (5) acres; and
2. 
Does not result in the creation or necessity of any new public street; and
3. 
Does not require the extension of any public water or sewer system; and
4. 
Does not require the installation or construction of any drainage or stormwater detention improvement through or on one (1) or more of the created lots in order to serve one (1) or more of the other created lots; and
5. 
Does not create a lot which has no direct access to a public roadway.
[R.O. 2017 § 405.150; Ord. No. 08-16 § 1, 8-19-2008]
A. 
Sketch Plan. Prior to filing a formal application for approval of a minor subdivision ("minor subdivision application"), the applicant may, but is not required to, submit a sketch plan of the proposed subdivision for oral comments from the Commission. Having the Commission's initial comments regarding the sketch plan may allow the formal process and documentation required for approval of a minor subdivision to proceed more efficiently. Comments by the Commission on a sketch plan are not binding on the Commission. A sketch plan of a proposed subdivision is conceptual in nature and need not be submitted in any particular form; provided, however, the more the sketch plan resembles and conforms with the requirements for the submittal of a minor subdivision the more informative comments the applicant will likely receive. If the applicant desires to have the sketch plan reviewed by the City Engineer, the applicant shall be responsible for the payment of any fees associated with the review by the City Engineer.
B. 
Application For Approval Of Minor Subdivision. A minor subdivision application shall be submitted to the City Clerk no less than seven (7) business days prior to a scheduled Commission meeting. Refer to the process time schedule posted at City Hall for currently scheduled meeting dates. The minor subdivision application shall be accompanied by three (3) twenty-four-inch by thirty-six-inch and ten (10) eleven-inch by seventeen-inch copies of the following:
1. 
A minor subdivision plat of the proposed subdivision signed and sealed by a professional registered land surveyor containing the items set forth in Section 405.170; and
2. 
The application fee prescribed by the City.
C. 
Minor Subdivision Guidelines.
1. 
The Commission shall review minor subdivision applications based on the following guidelines. No minor subdivision shall be approved if:
a. 
More than four (4) lots are created or any of the lots to be created are smaller than five (5) acres; or
b. 
It will result in the creation or necessity of any new public street; or
c. 
It will require the extension of any public water or sewer system; or
d. 
It will require the installation or construction of any drainage or stormwater detention improvements through or on one (1) or more of the created lots in order to serve one (1) or more of the other created lots; or
e. 
It will create a lot which has no direct access to a public roadway; or
f. 
The vacation of any street, alley or easement is required, or an adjustment or a variance with respect to any setback lines, density requirements or access controls is necessary; or
g. 
There is less street right-of-way than required by the zoning and subdivision regulations of the City unless the required right-of-way can be dedicated by separate instrument; or
h. 
The proposed subdivision will result in significant increases in utilities and service levels which will interfere with maintaining existing utilities and services such as traffic control, street maintenance and/or other services routinely provided by the City; or
i. 
The tract or lot to be subdivided has been previously created through a minor subdivision procedure; or
j. 
It otherwise violates any of the City's zoning and subdivision regulations, major thoroughfare plan or any ordinance; or
k. 
The City Engineer's approval is not obtained.
2. 
Easements And Dedications. As a condition of approval of any minor subdivision, the City reserves the right to require the granting of easements or dedication of land by the applicant in order to comply with the City's zoning and subdivision regulations, thoroughfare plan or other plans, rules or regulations officially adopted by City ordinance.
D. 
Approval Process.
1. 
Overview. The minor subdivision application shall be initially reviewed and voted on by the Commission. If the Commission approves the minor subdivision application, the minor subdivision application shall be forwarded to the Board of Aldermen for review and formal vote. Only upon the formal vote of approval of the minor subdivision by the Board of Aldermen is the minor subdivision approved.
2. 
Commission Review. The Commission shall make a determination within thirty (30) business days from the date of the meeting at which the minor subdivision application is considered by the Commission. The Commission, with the recommendation of the City Engineer, shall approve the proposed minor subdivision unless the minor subdivision is not a minor subdivision as defined herein, or unless the proposed subdivision fails to comply with this Article or any other applicable provision of the City's zoning and subdivision regulations. In the event the minor subdivision application is denied by the Commission, the Commission shall provide the applicant with a written statement of the reasons the minor subdivision application was denied within twenty (20) business days of the action taken by the Commission. The applicant may then resubmit the minor subdivision application for reconsideration.
3. 
Board Of Aldermen Review. Once approved by the Commission, the Board of Aldermen shall make a determination within thirty (30) business days from the date of the meeting at which the minor subdivision application is considered by the Board of Aldermen. The Board of Aldermen shall approve the proposed minor subdivision by ordinance unless the minor subdivision is not a minor subdivision as defined herein, or unless the proposed minor subdivision fails to comply with this Article or any other applicable provision of the City's zoning and subdivision regulations. In the event the application is denied by the Board of Aldermen, the Board of Aldermen shall provide the applicant with a written statement of the reasons the minor subdivision application was denied within twenty (20) business days of the action taken by the Board of Aldermen.
[R.O. 2017 § 405.160; Ord. No. 08-16 § 1, 8-19-2008]
Approval of the minor subdivision by the Board of Aldermen is contingent upon the minor subdivision plat being recorded with the Greene County, Missouri, Recorder of Deeds within thirty (30) calendar days after the approval of the minor subdivision plat by the Board of Aldermen. The applicant shall obtain three (3) twenty-four-inch by thirty-six-inch original black line prints and two (2) mylars of the approved minor subdivision plat, each being fully signed and executed with the required certificates as provided for herein. The applicant shall record the minor subdivision plat, at its expense, and shall return one (1) of the file stamped original black line prints and one (1) of the file stamped mylars to the City within five (5) calendar days of the recording. Within five (5) calendar days of the minor subdivision plat being recorded, the applicant shall provide to the City a digital copy of the approved and recorded minor subdivision plat in both CADD and PDF format (or such other format as the City requests).
[R.O. 2017 § 405.170; Ord. No. 08-16 § 1, 8-19-2008]
A. 
The minor subdivision application shall be accompanied by two (2) twenty-four-inch by thirty-six-inch and ten (10) eleven-inch by seventeen-inch black line or blue line print copies of the minor subdivision plat. The minor subdivision plat shall be drawn at a scale of one hundred (100) feet or less to the inch.
B. 
The final minor subdivision plat shall contain the following information:
1. 
The heading of the minor subdivision, which name shall not duplicate the name of any existing subdivision as recorded in the Greene County Registry;
2. 
The name(s) and addresses(s) of the subdivision owner(s);
3. 
Date of minor subdivision plat submittal;
4. 
Legal description of the tract;
5. 
The name and contact information of the surveyor, the surveyor's registration number and survey date;
6. 
True North arrow and scale, drawn in feet per inch or scale ratio and bar graph;
7. 
Boundary lines of the minor subdivision shown on a survey prepared by a Missouri professional land surveyor which shall comply with the latest Missouri Minimum Standards for Urban Property Boundary Surveys;
8. 
Monuments shall be located and accurately described on the plat. Control stations shall be based on the State Plane Coordinates for the Missouri Central System of 1983 with the date of adjustment or coordinate tab shown. Accurate location and material of all monuments shall comply with the latest Missouri Minimum Standards for Urban Property Boundary Surveys;
9. 
Location sketch or vicinity map;
10. 
Existing streets on and adjacent to the tract, including name, rights-of-way dimensions and location;
11. 
Location, dimensions and purpose of any existing easements on or adjacent to the tract;
12. 
Existing utilities on and adjacent to the tract, including location, size and invert elevations of sanitary sewers and storm sewers; location and purpose of any other drainage facilities; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and street lights;
13. 
Lots numbered in consecutive order;
14. 
Existing watercourses, rock outcrop, flood area, buildings or other significant features;
15. 
Setback lines on all lots and other sites;
16. 
Dimensions of existing public land and of all property to be dedicated or reserved for public use and statement of intended use;
17. 
The names and locations of adjoining subdivisions and the location and ownership of adjoining property;
18. 
Zoning classification of the minor subdivision and adjacent areas;
19. 
Recorder's space per current Greene County Recorder requirements; and
20. 
The following endorsed certificates:
a. 
Certificate Of Ownership And Dedication.
(Owner's Name), hereby certify that (I am or we are) the owner(s) of the property described hereon, which property is located within the City of Battlefield Missouri, that (I or we) freely adopt this plan of subdivision and hereby convey and dedicate to the public all areas shown on this plat as streets, alleys, rights-of-way, walks, parks, easements and other public places, except those common areas specifically denoted.
_____________
 Date
__________________________
 Owner Signature
b. 
Certificate Of Conveyance Of Common Space. If applicable, a signed statement of conveyance of common open space or common area to the appropriate public agency or cooperative association:
(Owner's Name), owners of the property shown and designated hereon, hereby dedicate, grant and convey the open space land, common area or common facilities shown hereon to (public agency or cooperative association). (I or we) further certified that there are no suits, actions, liens or trusts on the property conveyed herein.
_____________
 Date
__________________________
 Owner Signature
c. 
Acknowledgment.
STATE OF MISSOURI
)
)
SS
COUNTY OF GREENE
)
On this day of ____, 20__, before me personally appeared ______________, to me known, who, duly sworn, did say that they are the persons described herein, and that the same executed the foregoing instrument as their free act and deed. In witness whereof, I have hereunto set my hand and affixed my official seal in my office in ______________, Greene County, Missouri.
Notary Public ______________ (SEAL)
My Commission Expires ______________
d. 
Certificate Of Survey And Accuracy.
Know All Men By These Presents:
That I, _______________, do hereby certify that this plat was prepared under my supervision from an actual survey of the land herein described, prepared by _____________ dated _______ and signed by _______________ L.S. No. _________ and that the monuments and lot corner pins shown herein were placed under the personal supervision of L.S. No. ______________ in accordance with the Missouri Minimum Standards for Urban Property Boundary Surveys and the Subdivision Regulations of Battlefield, Greene County, Missouri.
__________________________
 Signature
____________
 L.S. No.
____________
 Date
e. 
Collector's Statement.
I hereby certify on this ______ day of ____________, 20__, that all taxes and special assessments currently due and owing on the property described in this plat have been paid.
__________________________
 Greene County Collector
f. 
Certificate Of City Clerk.
I, ____(Name)____, City Clerk of Battlefield, Greene County, Missouri, hereby certify that this preliminary plat of ___(subdivision name)___ was approved by the Board of Aldermen of the City of Battlefield, Missouri, by Ordinance No. _____, on the _____ day of _______, 20__.
__________________________
 City Clerk
[R.O. 2017 § 405.180; Ord. No. 08-16 § 1, 8-19-2008]
A. 
Sketch Plan. Prior to filing a formal application for approval of a lot reconfiguration ("lot reconfiguration application"), the applicant may, but is not required to, submit a sketch plan of the proposed lot reconfiguration for comments from the Commission. Having the Commission's initial comments regarding the sketch plan may allow the formal process and documentation required for approval of a lot reconfiguration to proceed more efficiently. A sketch plan of the proposed lot reconfiguration should be drawn to approximate dimensions and show the following:
1. 
Lot boundaries after reconfiguration;
2. 
Proposed general layout of affected lots;
3. 
Existing streets on and adjacent to each affected lot;
4. 
Location of any easements; and
5. 
North point and approximate scale.
B. 
Application For Approval Of Lot Reconfiguration. A lot reconfiguration application shall be submitted to the City Clerk no less than seven (7) business days prior to a scheduled Commission meeting. Refer to the process time schedule posted at City Hall for currently scheduled meeting dates. The application shall be accompanied by three (3) twenty-four-inch by thirty-six-inch and ten (10) eleven-inch by seventeen-inch copies of the following:
1. 
A lot reconfiguration survey of the proposed lot reconfiguration signed and sealed by a professional land surveyor containing the items set forth in Section 405.195; and
2. 
The application fee prescribed by the City.
C. 
Lot Reconfiguration Guidelines.
1. 
The Commission shall review lot reconfiguration applications based on the following guidelines. No lot reconfigurations shall be approved if:
a. 
It involves an attempt to adjust boundaries of any parcel or lot which has not been created by means of a previously approved and recorded subdivision platting process; or
b. 
Any resulting lot will not meet the requirements of the City's zoning and subdivision regulations, including density requirements of the zoning district in which the lot lies; or
c. 
It will create any lot which lies within two (2) separate zoning districts pursuant to the City's zoning and subdivision regulations; or
d. 
It will create any lot which will require the extension of any public water or sewer system or will require the installation or construction of drainage and/or stormwater detention improvements; or
e. 
It will result in the creation of more than a total of four (4) lots, or the creation of any lot less than five (5) acres, in a previously approved minor subdivision; or
f. 
Less than all of the owners of all of the lots affected by the lot reconfiguration make application therefor; or
g. 
There is less street right-of-way than required by the City's zoning and subdivision regulations unless the required right-of-way can be dedicated by separate instrument; or
h. 
It otherwise violates any of the City's zoning regulations, subdivision regulations or major thoroughfare plan; or
i. 
The City Engineer's approval is not obtained.
2. 
Easements And Dedications. As a condition of approval of any lot reconfiguration, the City reserves the right to require the granting of easements or dedication of land by the applicant in order to comply with the City's zoning and subdivision regulations, thoroughfare plan or other plans, rules or regulations officially adopted by City ordinance.
3. 
The City has the authority to administratively approve a property line adjustment under one (1) or more of the following circumstances:
[Ord. No. 20-07, 4-21-2020]
a. 
The configuration of the property was created by a court decree or other resulting from testamentary or intestate provisions; or
b. 
Upon a finding by the City that the proposed property line adjustment is generally in compliance with all other provisions of this Article, the zoning ordinance and other ordinances and regulations of the City and no substandard or non-conforming tract, parcel or lot will be created, and that the property line adjustment does not cause any private sewer lateral serving any property to cross another property; and
(1) 
The property line adjustment is necessary to settle a property line dispute as determined by the City; or
(2) 
The property line adjustment is necessary to correct an encroachment of a structure on a property line as determined by the City; or
(3) 
The property line adjustment is necessary to meet the minimum requirements of this Article, the zoning ordinance or other applicable ordinances or regulations; or
(4) 
The property line adjustment is requested by and/or agreeable to both adjacent property owners to adjust their common property line provided the adjustment causes no encroachment of either driveway or other structure.
c. 
The City Surveyor or Engineer has reviewed the proposed property line adjustment, and the cost of their review has been reimbursed in full by the applicant(s).
D. 
Approval Process.
1. 
Overview. The Commission shall have the power and the authority, subject to the applicant's right of appeal to the Board of Aldermen, to administratively approve or deny all lot reconfiguration applications. No separate formal approval of lot reconfiguration applications from the Board of Aldermen shall be required. In the event the Commission denies the lot reconfiguration application, the applicant may appeal the Commission's decision to the Board of Aldermen.
2. 
Commission Review. The Commission shall make a determination within thirty (30) business days from the date of the meeting at which the minor subdivision application is considered by the Commission. The Commission, with the recommendation of the City Engineer, shall approve the proposed lot reconfiguration unless the lot reconfiguration is not a lot reconfiguration as defined herein, or unless the proposed lot reconfiguration fails to comply with this Article or any other applicable provision of the City's zoning and subdivision regulations. In the event the lot reconfiguration application is denied by the Commission, the Commission shall provide the applicant with a written statement of the reasons the lot reconfiguration application was denied within twenty (20) business days of the action taken by the Commission. The applicant may then resubmit the lot reconfiguration application for reconsideration or appeal to the Board of Aldermen.
3. 
Appeals To The Board Of Aldermen. Actions taken by the Commission regarding denial of a lot reconfiguration application are final unless such action is appealed by the applicant to the Board of Aldermen in writing within thirty (30) days of the denial by the Commission. The Board of Aldermen may override the Commission's denial of the lot reconfiguration application with the affirmative vote of not less than two-thirds (2/3) of the entire membership of the Board. Review by the Board of Aldermen shall be based on the record made before the Commission and shall conform to the requirements of Article IV of Chapter 405. Should the Board override the Commission's denial of the lot reconfiguration application in accordance with the above, the Board shall notify the City Clerk of its decision and the City Clerk shall provide the Commission with a written notification of the Board's decision and a directive from the Board that the Clerk shall certify approval of the lot reconfiguration application as submitted or as modified by the Board. In the event the appeal of the Commission's denial of the lot reconfiguration application is denied by the Board of Aldermen, the Board of Aldermen shall provide the applicant with a written statement of the reasons the lot reconfiguration application was denied within twenty (20) business days of the action taken by the Board of Aldermen.
[R.O. 2017 § 405.190; Ord. No. 08-16 § 1, 8-19-2008]
Approval of the lot reconfiguration by the Commission is contingent upon the lot reconfiguration survey being recorded with the Greene County, Missouri, Recorder of Deeds within thirty (30) calendar days after the approval of the lot reconfiguration survey by the Commission. The applicant shall obtain three (3) twenty-four-inch by thirty-six-inch original black line prints and two (2) mylars of the approved lot reconfiguration survey, each being fully signed and executed with the required certificates as provided for herein. The applicant shall record the lot reconfiguration survey, at its expense, and shall return one (1) of the file stamped original black line prints and one (1) of the file stamped mylars to the City within five (5) calendar days of the recording. Within five (5) calendar days of the lot reconfiguration survey being recorded, the applicant shall provide to the City a digital copy of the approved and recorded lot reconfiguration survey in both CADD and PDF format (or such other format as the City requests).
[R.O. 2017 § 405.195; Ord. No. 08-16 § 1, 8-19-2008]
A. 
The lot reconfiguration application shall be accompanied by two (2) twenty-four-inch by thirty-six-inch and ten (10) eleven-inch by seventeen-inch black line or blue line print copies of the lot reconfiguration survey. The lot reconfiguration survey shall be drawn at a scale of one hundred (100) feet or less to the inch.
B. 
The final lot reconfiguration survey shall contain the following information:
1. 
The heading of the subdivision in which the lots being replatted are contained;
2. 
The name(s) and addresses(s) of the owner(s) of all lots subject to the lot reconfiguration;
3. 
The date of survey submittal;
4. 
The legal description of each lot resulting from the lot reconfiguration;
5. 
The name of the surveyor, the surveyor's registration number and survey date;
6. 
True North arrow and scale, drawn in feet per inch or scale ratio and bar graph;
7. 
Boundary lines of each lot created or adjusted as a result of the lot reconfiguration shall be shown on a survey prepared by a Missouri professional land surveyor which shall comply with the latest Missouri Minimum Standards for Urban Property Boundary Surveys;
8. 
Monuments shall be located and accurately described on the survey. Control stations shall be based on the State Plane Coordinates for the Missouri Central System of 1983 with the date of adjustment or coordinate tab shown. Accurate location and material of all monuments shall comply with the latest Missouri Minimum Standards for Urban Property Boundary Surveys;
9. 
Location sketch or vicinity map;
10. 
Existing streets on and adjacent to each affected lot, including name, rights-of-way dimensions and location;
11. 
Location, dimensions and purpose of any existing easements on or adjacent to each affected lot;
12. 
Existing utilities on and adjacent to each affected lot, including location, size and invert elevations of sanitary sewers and storm sewers; location and purpose of any other drainage facilities; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines, and street lights;
13. 
Lot numbers, including new lot numbers, in the event the number of existing lots is increased and eliminated lot numbers in the event the number of lots is decreased;
14. 
Existing watercourses, rock outcrop, flood area, buildings or other significant features;
15. 
Setback lines on all lots and other sites;
16. 
Dimensions of existing public land and of all property to be dedicated or reserved for public use and statement of intended use;
17. 
The names and locations of adjoining subdivisions and the location and ownership of adjoining property;
18. 
Zoning classification of the affected lots and adjacent areas;
19. 
Recorder's space per current Greene County Recorder requirements; and
20. 
The following endorsed certificates:
a. 
Certificate Of Ownership And Dedication.
(Owner's Name), hereby certify that (I am or we are) the owner(s) of the property described hereon, which property is located within the City of Battlefield, Missouri, that (I or we) freely adopt this lot reconfiguration and hereby convey and dedicate to the public all areas shown on this survey as streets, alleys, rights-of-way, walks, parks, easements and other public places, except those common areas specifically denoted.
_____________
 Date
__________________________
 Owner Signature
b. 
Certificate Of Conveyance Of Common Space. If applicable, a signed statement of conveyance of common open space or common area to the appropriate public agency or cooperative association:
(Owner's Name), owners of the property shown and designated hereon, hereby dedicate, grant and convey the open space land, common area or common facilities shown hereon to (public agency or cooperative association). (I or we) further certified that there are no suits, actions, liens or trusts on the property conveyed herein.
_____________
 Date
__________________________
 Owner Signature
c. 
Acknowledgment.
STATE OF MISSOURI
)
)
SS
COUNTY OF GREENE
)
On this day of ____, 20__, before me personally appeared ______________, to me known, who, duly sworn, did say that they are the persons described herein, and that the same executed the foregoing instrument as their free act and deed. In witness whereof, I have hereunto set my hand and affixed my official seal in my office in ______________, Greene County, Missouri.
Notary Public ______________ (SEAL)
My Commission Expires ______________
d. 
Certificate Of Survey And Accuracy.
Know All Men By These Presents:
That I, _______________, do hereby certify that this plat was prepared under my supervision from an actual survey of the land herein described, prepared by _____________ dated _______ and signed by _______________ L.S. No. _________ and that the monuments and lot corner pins shown herein were placed under the personal supervision of L.S. No. ______________ in accordance with the Missouri Minimum Standards for Urban Property Boundary Surveys and the Subdivision Regulations of Battlefield, Greene County, Missouri.
__________________________
 Signature
____________
 L.S. No.
____________
 Date
e. 
Collector's Statement.
I hereby certify on this ______ day of ____________, 20__, that all taxes and special assessments currently due and owing on the property described in this plat have been paid.
__________________________
 Greene County Collector
f. 
Certificate Of City Clerk.
I, ____(Name)____, City Clerk of Battlefield, Greene County, Missouri, hereby certify that this survey was approved by the Planning and Zoning Commission of the City of Battlefield, Missouri, by Ordinance No. _____, on the _____ day of _______, 20__.
__________________________
 City Clerk