[Ord. No. 09-012 §1, 4-6-2009]
The rules and regulations governing plats of subdivisions of
land and lot splits contained herein shall apply within the corporate
limits of the City of Ozark in accordance with the provisions of Section
89.400, RSMo.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 19-006, 2-4-2019]
For the purpose of interpreting this Chapter, certain terms
are defined as follows:
A passage or way affording generally a secondary means of
vehicular access to abutting properties and not intended for general
traffic circulation.
Provides fast and efficient movement of large volumes of
traffic between areas and does not provide a land service function.
The sketch plan or City plan or Comprehensive Plan of the
City of Ozark whether in whole or in part, as adopted by the Planning
and Zoning Commission, approved by the Board of Aldermen and duly
recorded in the office of the County Recorder of Christian County.
It may consist of several maps, data and other descriptive matter
for the physical development of the City or any portion thereto; including
any amendment, extension or additions thereof adopted by the Board
of Aldermen indicting the general locations for major streets, parks,
schools or other public open spaces, public building sites, routes
for public utilities, zoning districts or other similar information.
Provides traffic movement between residential and arterial
streets and direct access to abutting properties.
A short street having one (1) end open to traffic and being
terminated at the other end by a vehicular turnaround.
Land which may be dedicated or reserved for acquisition for
general use by the public, including parks, recreation areas, community
or public building sites and other lands, which shall be owned and
maintained by the Homeowner's Association and/or all lot owners within
the subdivision.
A grant by the property owner of the use, for a specific
purpose or purposes, of a strip of land by the general public, utility
companies or private individuals.
A parcel of land occupied or intended for occupancy by a building together with its accessory buildings, including open space for light and air as required by Chapter 405.
A surety in the form of a bond or irrevocable letter of credit
from an insured financial institution shall be submitted by the subdivision
developer/owner and approved by the Director of Public Works against
any defects or failures to the City improvements or infrastructure.
Provides direct access to abutting properties generally eight
hundred (800) feet or less in length and do not allow interconnection
with adjoining streets.
The Ozark Planning and Zoning Commission.
The City Administrator or such other person designated by
the Board of Aldermen for matters pertaining to the subdivision of
land.
Provides secondary means of access to abutting properties,
less than thirty (30) feet width of right-of-way.
Provides local traffic movement and direct access to abutting
properties.
That portion of any street designated for vehicular traffic
and, where curbs are paved, that portion of the street between the
curbs.
The full width between the property lines bounding every
way of whatever nature when any part thereof is open to use by the
public as a matter of right for the purpose of vehicular traffic and
whether designated as a street, highway, freeway, expressway, thoroughfare,
parkway, throughway, road, avenue, boulevard, lane, place, circle
or however otherwise designated.
The division of a parcel of land into two (2) or more lots,
or other divisions of land; it includes resubdivision and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
The division of a parcel of land into three (3) or less lots
for the purpose of transfer of ownership or building development.
A major street.
The official plan of highways, primary and secondary thoroughfares,
parkways and other major streets including collector streets adopted
by the Planning and Zoning Commission, approved by the Board of Aldermen
and duly recorded in the office of the County Recorder of Christian
County.
A major street so designated in the official thoroughfare
plan.
The official zoning ordinance of the City of Ozark as set out in Chapter 405 of this Code.
[Ord. No. 09-012 §1, 4-6-2009]
Any person violating the provisions of this Chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 100.220 of this Code of Ordinances. Each day during which such violation shall be permitted to exist shall constitute a separate offense hereunder.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 10-036 §§1 — 2, 11-1-2010]
A.
Subdivisions
must comply with the most recent copy of the Design Guideline Standards
for the City of Ozark, and the Design Standards for Public Improvements,
a copy of which is on file in the office of the City Clerk, is made
a part hereof as if fully set out in this Chapter and shall be the
design guidelines for new construction in the City of Ozark.
B.
The
Design Standards for Public Improvements (Latest Edition), Standard
Drawing Details for Public Improvements (Latest Edition) and the Construction
Specifications for Public Improvements (Latest Edition) on file in
the City's offices are hereby adopted pursuant to this Section of
the Code of Ordinances of the City of Ozark and shall become the design
standards, drawing details and construction specifications of the
City.
[Ord. No. 15-021 §2, 5-4-2015; Ord. No. 19-006, 2-4-2019]
[Ord. No. 09-012 §1, 4-6-2009]
Any owner or any proprietor of any tract of land situated within
the corporate limits of the City who subdivides the same shall cause
a plat of such subdivision, with reference to known or permanent monuments,
to be made and recorded in the office of the Recorder of Deeds of
Christian County. A reproducible mylar copy and a digital copy of
the approved survey shall be filed with the Department of Planning
and Development as an AutoCAD dwg file and shall be on U.S. State
Plane 1983, Missouri Central 2402 Zone [NAD 1983, CONUS] coordinates.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 19-006, 2-4-2019]
A.
No
plat of a subdivision shall be recorded unless and until it shall
have been submitted and approved by both the Planning and Zoning Commission
and the Board of Aldermen in accordance with the regulation set forth
in this Chapter and so certified by the City Clerk.
B.
No
replat of a subdivision shall be recorded unless and until it shall
have been submitted and approved by the Planning and Development Department
in accordance with the regulations set forth in this Chapter.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 19-006, 2-4-2019]
Every plat shall be prepared by a registered land surveyor duly
licensed by the State, who shall endorse upon each such plat a certificate
signed by him/her setting forth the source of the title of the owner
of the land subdivided and the place of record of the last instrument
in the chain of the title and shall cause his/her seal to be affixed
on each sheet of the plat. All improvement plans, i.e., streets, water,
sewer systems, etc., shall be prepared by a registered professional
engineer, duly licensed by the State of Missouri and such plans shall
bear the seal and signature of the professional engineer.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 19-006, 2-4-2019]
A.
Every
plat, or the deed of dedication to which such plat is attached, shall
contain, in addition to the registered land surveyor's seal, the following:
1.
A statement to the effect that the above and foregoing subdivision
of (here insert correct description of the land subdivided) as appears
in the plat in question is with the free consent and in accordance
with the desire of the undersigned owners, proprietors and trustees,
if any, which shall be signed by the owners, proprietors and trustees,
if any, and shall be duly acknowledged, before some officer authorized
to take acknowledgments of deeds, and when thus executed and acknowledged,
shall be filed and recorded in the office of the Recorder of Deeds
of the County and indexed under the names of the owners of the lands
signing such statement and under the name of the subdivision;
2.
A signed statement of ownership of common areas for the subdivision
clearly identifying the maintenance obligation of the homeowner's
association and notice requirements, in a form approved by the City;
3.
An express dedication to the City of any public easements or rights-of-way
shown on the plat; and
4.
If property is conveyed by the plat, a certification that there are
no suits, actions, liens, or trusts on the property conveyed herein,
and warrant generally and specially all property conveyed by the plat
and will execute such further assurances as may be required.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 19-006, 2-4-2019]
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 Section 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 of agreement by legal action and may
recover the penalty in such action.
