[Ord. No. 2005-03 §430.010, 5-9-2005]
The rules and regulations governing plats of subdivisions of
land and lot splits contained herein shall apply within the corporate
limits of the City in accordance with the provision of Section 89.300,
RSMo.
[Ord. No. 2005-03 §430.015, 5-9-2005]
A. The
rules and regulations set out herein are intended to serve the following
purposes:
1. To assist orderly, efficient and integrated development within the
territorial jurisdiction of the City;
2. To promote the health, safety, morals and general welfare of the
residents of the City;
3. To ensure conformance of subdivision plans with the public improvement
plans of the City and its environs; and
4. To assure equitable handling of all subdivision plans by providing
uniform procedures and standards for observance both by the subdivider
and the Planning and Zoning Commission.
B. The
rules and regulations set out in this Article pertain to development
of subdivisions within the City and may impose greater or different
restrictions than are currently imposed in the corresponding zoning
regulations.
[Ord. No. 2005-03 §430.020, 5-9-2005]
For the purpose of interpreting this Chapter, words and terms defined in Chapter
405, Section
405.020 of this Title are applicable to this Chapter and are incorporated herein by reference.
[Ord. No. 2005-03 §430.030, 5-9-2005]
Any owner or proprietor of any tract of land who subdivides that tract of land and who violates any of the provisions of this regulation shall be guilty of an ordinance violation as provided for in Section
405.300.
[Ord. No. 2005-03 §430.040, 5-9-2005]
Any owner or any proprietor of any tract of land situated within
the corporate limits of the City who subdivides it 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
Morgan or Camden County dependent upon which County the land is located.
Such owner or proprietor shall provide a digital survey of such plat
to the Zoning Inspector.
[Ord. No. 2005-03 §430.050, 5-9-2005]
No plat of a subdivision shall be recorded unless and until
it shall have been submitted and approved by the Commission and Board
of Aldermen in accordance with the regulations set forth in this Code.
[Ord. No. 2005-03 §430.060, 5-9-2005]
A plat shall be surveyed by a registered professional surveyor,
duly licensed by the State, who shall endorse upon each such plat
a certificate signed by him/her to set forth the source and chain
to 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 the face of the plat, copy of title policy or
survey establishing a record or chain of title. Said surveyors shall
use State plane coordinate system NAD83 or other system approved by
the City.
[Ord. No. 2005-03 §430.070, 5-9-2005]
A. 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 appropriate
County Recorder unless the owner or agent shall disclose in writing
that such plat has not been approved by such Board or Planning and
Zoning Commission and the sale is contingent upon the approval of
such plat by such Board or Planning and Zoning Commission. Any person
violating the provisions of this Subsection 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 or agreement by legal action, and may
recover the penalty in such action.
B. Subdivision
of land may be of two (2) types:
1. Simplified form. The process of dividing one (1)
parcel of land into two (2) or more lots or other division of land
generally for the purpose of resale with no specific development planned
at that time.
2. Complete form. The process of dividing one (1)
parcel of land into two (2) or more lots for resale or otherwise with
the intent to develop such land with residential, commercial or industrial
development as a part of the subdivision process.
[Ord. No. 2005-03 §430.080, 5-9-2005]
A. Any
person, firm or corporation proposing to make a subdivision within
the territorial jurisdiction of these regulations shall pay fees to
the City Clerk in accordance with the fee schedule.
B. No
fee shall be charged for land to be dedicated to the public.
C. The
fee shall be payable in advance of processing the plat.
D. The
applicant is responsible for payment of any County recording fees,
legal fees for review by the City Attorney and any other professional
fees required for review prior to approval, such as engineering, mapping
or surveying.