[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.
