[Ord. No. 06-05-01 §101, 5-9-2006]
This Chapter shall be known and may be cited as the City of
Fair Grove Subdivision Regulations.
[Ord. No. 06-05-01 §102, 5-9-2006]
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 Fair Grove; 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
Fair Grove 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
Fair Grove; to promote good planning and land development practice;
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 Fair Grove Comprehensive Plan, other planning documents and
land development regulations and the capital budget for public improvements.
[Ord. No. 06-05-01 §103, 5-9-2006]
This Chapter shall apply to the platting and subdivision of
all land within the corporate boundaries of the City of Fair Grove,
Missouri, and to all improvements thereon.
[Ord. No. 06-05-01 §104, 5-9-2006]
A.
Standards To Prevail. The provisions of this Chapter shall
be considered to be 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.
[Ord. No. 06-05-01 §105, 5-9-2006]
A.
Territorial Application. Except as hereinafter specified,
these regulations shall apply to all land development within the City
of Fair Grove, 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, May 9, 2006 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 interests by inheritance or pursuant to court order.
2.
Transfers 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 Fair Grove
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 Fair Grove 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 designated agent of any land located
within a subdivision shall transfer, sell, agree to sell or negotiate
to sell any land by reference to, exhibition of, or by the use of
a plan or plat of a subdivision before such plan or plat has been
approved and recorded in the manner prescribed herein. The description
of such lot or tract by metes and bounds in the instruments of transfer
or other documents used in the process of selling or transferring
shall not exempt the transaction from the provisions of this Chapter.
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, May 9,
2006, 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.
[Ord. No. 06-05-01 §106, 5-9-2006]
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.
[Ord. No. 06-05-01 §107, 5-9-2006]
This Chapter shall be in full force and effect from and after
its passage May 9, 2006.
[Ord. No. 06-05-01 §108, 5-9-2006]
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 the requirements of this Chapter
is available at the Fair Grove City Hall.
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.
