[Ord. No. 37-2013 §1, 6-12-2013]
This Chapter sets out the required review and approval procedures for the detachment of territory (deannexation) of any portion of land within the corporate limits of the City of Neosho.
[Ord. No. 37-2013 §1, 6-12-2013]
A.
A complete application for the detachment of territory (deannexation) shall be submitted to the Neosho Development Services Director in a form established by the City (detachment (deannexation) application), along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. The application shall be made and shall be signed by all owners of lands that the owners seek to have detached (deannexed). If the application is not submitted by all such owners, that fact shall be noted on the application along with the names and addresses of all owners who are not a party to the application. The following shall be submitted in support of a detachment (deannexation) application:
1.
A written explanation of why the detachment of territory (deannexation) is being requested.
2.
Names and addresses of all owners of property abutting the proposed territory to be detached (deannexed).
3.
Notarized affidavit(s) from each owner(s) of land that is proposed to be detached (deannexed), who is not listed as an applicant, indicating his or her consent to the detachment of territory (deannexation).
4.
A survey or such other drawing acceptable to the Neosho Development Services Director depicting the proposed territory to be detached (deannexed), any utilities contained therein and the properties and each property's ownership surrounding the proposed territory to be detached (deannexed).
5.
A legal description of the property to be detached (deannexed).
6.
A non-refundable fee in the amount of four hundred fifty dollars ($450.00).
[Ord. No. 37-2013 §1, 6-12-2013]
The Neosho Development Services Director shall prepare a staff report that reviews the proposed detachment (deannexation) request in light of the Comprehensive Plan and the general needs of the City to include the proposed detachment's effect on surrounding land within the City. The Neosho Development Services Director shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least five (5) days before the scheduled Planning and Zoning Commission public hearing which shall take the matter up for consideration.
[Ord. No. 37-2013 §1, 6-12-2013]
A.
Newspaper Notice. Notice of the time and place of the scheduled public hearing before the Planning and Zoning Commission shall be published in a newspaper of general circulation at least two (2) weeks prior to the public hearing, said notice to include the legal description of the property to be detached (deannexed).
B.
Written Notice. The City will attempt to notify, by mail, all owners of property abutting the proposed territory to be detached (deannexed).
[Ord. No. 37-2013 §1, 6-12-2013]
The Planning and Zoning Commission shall consider the detachment (deannexation) request in light of the Comprehensive Plan, the public hearing and general needs of the City to include the proposed detachment's effect on surrounding land within the City. After such consideration, the Planning and Zoning Commission shall make a recommendation to approve or disapprove the detachment (deannexation). The Planning and Zoning Commission recommendation shall be provided to the City Council and the applicant at least five (5) days before the meeting at which the City Council considers the detachment (deannexation).
[Ord. No. 37-2013 §1, 6-12-2013]
A.
The City Council shall consider the detachment (deannexation) request at a regular meeting. The City Council may approve (said approval to be by ordinance) the application if it determines from the submitted evidence and testimony that:
1.
Due and legal notice has been given by publication as required herein;
2.
No private rights will be injured or endangered by the detachment (deannexation);
3.
The public will suffer no loss or inconvenience thereby and that in justice to the applicant or applicants the application should be granted; and
4.
That the detachment (deannexation) is in the City's best interests. The City may retain easements in the detached (deannexed) property if deemed necessary for the public good or welfare.
[Ord. No. 37-2013 §1, 6-12-2013]
Any ordinance passed detaching (deannexing) territory shall contain the legal description of the land detached (deannexed) and shall instruct the City Clerk to cause three (3) certified copies of the ordinance to be filed with the County Clerk of Newton County, Missouri, and to cause a certified copy of the ordinance to be recorded in the office of the Newton County Recorder.