[1]
Editor's Note — Resolution no. 491 adopted on July 28, 1997, sets out the major street plan for the city and is on file in the city offices.
[Ord. No. 489 Art. I §1.1, 8-19-1997]
This Chapter shall be known and may be cited as the City of Reeds Spring Development Codes.
[Ord. No. 489 Art. I §1.2, 8-19-1997]
A. 
This Chapter is adopted pursuant to the authority contained in Chapter 89, RSMo.
B. 
The regulations contained in this Chapter are adopted for the following purposes:
1. 
To protect and provide for the public health, safety and general welfare of the City of Reeds Spring.
2. 
To provide for adequate light, air, open spaces and to protect from flooding and other dangers.
3. 
To provide for adequate transportation and circulation throughout the City of Reeds Spring and to insure the adequate provision of water, sewer and other public utilities and public services.
4. 
To prevent the pollution of water resources and to ensure the adequacy of drainage facilities.
5. 
To conserve and protect the natural beauty and resources of the City of Reeds Spring.
6. 
To preserve and protect the value of land and buildings through encouraging reasonable standards of subdivision design, land development and public infrastructure.
7. 
To establish and facilitate adequate and accurate records of land subdivision.
C. 
The provisions of this Chapter shall be administered to ensure orderly growth and development and shall supplement and implement the policies of the City of Reeds Spring Comprehensive Plan, other planning documents and related and development ordinances.
[Ord. No. 489 Art. I §1.3, 8-19-1997]
This Chapter shall be effective throughout the City's planning jurisdiction which comprises the area within the corporate boundaries of the City of Reeds Spring.
[Ord. No. 489 Art. I §1.6, 8-19-1997]
A. 
Reasonable fees to cover the costs of administration, inspection and similar matters may be charged to applicants for land development plan review, subdivision plat approval, permits, appeals and variances. A list of all established fees related to land development is available at the Reeds Spring City Hall.
B. 
Fees established in accordance with Subsection (A) shall be paid upon submission of a signed application by the petitioner or notice of appeal.
[Ord. No. 489 Art. I §1.7, 8-19-1997]
The burden of proof shall be upon the applicant in all proceedings pursuant to this Chapter. The applicant is presumed to have knowledge of the requirements of the ordinance and is obligated to meet the requirements unless a variance is granted.
[Ord. No. 489 Art. I §1.8, 8-19-1997]
A. 
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 imposes a higher standard shall govern.
B. 
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.
[Ord. No. 489 Art. I §1.9, 8-19-1997]
A. 
Except as hereinafter specified, these regulations shall apply to all land development within the City of Reeds Spring, 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 (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 Stone County Recorder of Deeds prior to the effective date of this Chapter, where development or improvements have not commenced within two (2) years after the effective date of this Chapter.
6. 
Construction on any tract which changes the pattern of storm water runoff, the traffic pattern to the site, and/or utility service to the site.
B. 
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 and between owners of adjoining property if additional lots are not created.
C. 
No land shall be developed or platted within the incorporated area of the City except in conformance with the provisions of this Chapter.
D. 
The Stone County Recorder of Deeds shall not record a plat of any subdivision within the corporate boundaries of Reeds Spring 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.
E. 
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 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 such Board of Aldermen or Planning Commission and the sale is contingent upon the approval of such plat by such Board of Aldermen or Planning Commission. Any person violating the provisions of this Section may be charged with an ordinance violation 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.
F. 
No building 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 and which is not in conformance with the provisions of this Chapter.
G. 
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. 
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.
I. 
No changes, erasures, modifications or revisions shall be made on any land development plan after final approval has been given by the designated City Official, the Planning and Zoning Commission and/or the Board of Aldermen in accordance with the procedures proscribed herein.
[Ord. No. 489 Art. I §1.10, 8-19-1997]
A. 
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. 
Such an 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 which abridges or destroys any public rights in any of its public uses, improvements, streets or other public rights-of-way. Such an instrument shall be executed, acknowledged or approved and recorded in like manner as plats of subdivisions. Upon recording, the instrument of vacation shall eliminate the force and effect of the recording of the plat so vacated, and will divest all public rights in the streets, public grounds and rights-of-way, and all dedications laid out or described in such plat.
C. 
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.